Theus Law Offices is home to experienced Louisiana Probate Attorneys. We recognize the probate process comes at a difficult and sensitive time in the lives of our clients. Our team is here to make the court proceeding happen in the easiest, and fastest way possible. There is no reason to wait, so contact us now.
Our team includes a specialist in Estate Administration
certified by the Louisiana State Board of Legal Specialization. They will guide you through the process with an eye toward post-mortem planning opportunities, as well as helping you make necessary changes to existing estate and business plans.
We are committed to ensuring that our clients feel well-informed and connected through every stage of the process.
Probate and Estate Administration Process
A Louisiana succession is simply a court proceeding (commonly referred to as "probate") to move or transfer assets from a deceased person to their heirs or beneficiaries. If a valid last will and testament will exists, the proceeding is to be a "testate succession" whereby assets will be distributed in accordance with the wishes of the decedent. If no will exists, the proceeding is to be an "intestate succession" and Louisiana law will determine how assets are to be divided among the heirs.
The process usually starts with the appointment of an executor (for a testate succession) or administrator (for an intestate succession) who will be granted certain powers and duties. Creditors are then given notice and an opportunity to present claims.
The administrator or executor is directed to prepare and file an inventory (a sworn detailed list) of all assets and debts of the succession. The fair market value of each asset must be listed in the inventory, which will require that certain assets be appraised.
After all debts of the succession are paid or provided for, the administrator or executor may proceed to place heirs (or persons named in the will) into possession of the assets. This requires the filing of a "petition for possession", which is basically a legal pleading asking the Court to place the heirs (or persons named in the will) into possession of the assets of the deceased person. A judgment of possession is the end result of the succession, which actually places the heirs or (or persons named in the will) into possession of the assets.
For more information, please see our blog entitled "Understanding the Estate Administration and Probate Process in a Louisiana Succession.
Generally the probate process is public, which means all pleadings and other filings will be open and available to the general public. However, a recent change in Louisiana law now allows the inventory to be filed "under seal"
, which means the inventory is no longer available to the general public. To learn more about filing an inventory "under seal", please see our blog article entitled, "Revocable Trust No Longer Necessary to Hide Asset Values in Louisiana.
The loss of a loved one can be overwhelming. It is not possible for prepare emotionally - even if the loss is expected. Legal issues relating to the probate process can be stressful and challenging. Navigating the process requires that you know the rules and your options.
Our Estate Administration lawyers will guide you through the process with confidence and security. Attorney J. Graves Theus, Jr. has been certified as a specialist in probate and estate administration by the Louisiana State Board of Legal Specialization. Theus Law Offices serves the entire State of Louisiana handling both small and large estates. In addition, Theus Law Offices has successfully litigated numerous contests involving wills and trusts.
Call our experienced team of probate lawyers today for a FREE legal consultation