Guiding You Through Succession/Probate
Succession is the legal process (called probate in other states) that distributes assets to heirs following the passing of a loved one in Louisiana. To ensure that the desired plans are in place for an orderly and simple succession, or that a succession is properly administered, it is important to have the assistance of an accomplished Louisiana attorney who focuses on this area.
Succession/probate lawyer R. Scott Buhrer provides the diligent representation that clients need in these situations. During his more than 35 years of practice, he has gained the skills and in-depth understanding of the succession or probate process that continues to benefit his clients today.
Louisiana Successions Come In Two Kinds
There are two kinds of successions in Louisiana: testate and intestate. The main differences between these two are:
- Existence of a will: When there is a will, the process is known as testate succession. When there is no will, the process is called intestate succession.
- Instructions: When there is a will (testate succession), it spells out how property is divided and how all other affairs are to be handled. If there is no will (intestate succession), then state statutes determine how property is divided.
- Administration: Testate succession will normally have an appointed executor named in the will. However, because there is no will in an intestate succession, someone must apply to the court to be named as the administrator, and frequently post a bond.
As a Metairie succession planning attorney, Mr. Buhrer can also help with preparing wills, trusts and other estate planning matters, along with the prompt and cost-efficient administration of a succession.
Understanding The Succession/Probate Process In Louisiana
The succession process varies a bit based on whether it is a testate succession (with a valid will) or an intestate succession (without a valid will). In either case, a person called an estate administrator or executor is in charge. If there is a will, it should designate an estate administrator/executor. If it does not, or if there is no will, someone needs to come forward to administer the estate. The task of estate administration includes filing court paperwork, gathering the estate’s assets, paying the estate’s bills and final taxes, and distributing any remaining property to beneficiaries.
The estate administrator/executor is usually a family member or trusted friend. They are free to bring in a succession/probate lawyer to help, and the estate itself can pay the attorney’s fee.
Estate Administrators Have Significant Responsibilities
The administrator/executor of a succession has many different duties during the probate process. These range from duties that must be carried out to satisfy the terms of a will to duties imposed by statute in an intestate succession. These can include:
- Identifying and collecting all assets and liabilities involved in the succession
- Handling tax matters for the succession
- Transferring or selling real estate
- Distributing personal property
- Dealing with creditors
- Addressing any claims from care facilities
- Paying bills for final expenses
Mr. Buhrer is able to draw on his decades of experience as a succession/probate lawyer to help guide clients through the process as simply and efficiently as possible. In addition, he holds a Master of Business Administration (MBA) degree from Tulane University. This credential allows him to work fluidly in financial matters.
Common Succession Tasks Mr. Buhrer Handles
Mr. Buhrer handles a wide variety of estate and succession issues, such as:
- Managing the legal aspects of standard successions, such as filing paperwork with the courts, preparing affidavits and paying creditors and beneficiaries
- Disputed successions, where one or more potential beneficiaries believe the will should be held invalid, disagree with the administration of the estate or bring forward other issues
- Guardianships/interdictions, where the court appoints a guardian for a minor or an adult who cannot make their own decisions due to incapacity
Mr. Buhrer and his dedicated staff are committed to client service and have experience in all aspects of succession. They can assist as much or as little as you like.
Frequently Asked Questions About Succession/Probate
As a succession/probate lawyer, Mr. Buhrer answers many questions for clients. Here are some of the most common ones and their answers.
Is it possible to avoid succession in Louisiana?
Yes and no. First, you can only avoid the succession process with advanced estate planning. Second, you would generally still have to file a small succession affidavit, even with an effective estate plan. However, the small succession affidavit does not require court involvement, so it is advantageous. With an estate plan involving a trust, you can generally prevent your estate from meeting the $125,000.00 threshold for a general property succession.
When is succession required?
Succession is generally required whenever there is property or debt left behind after someone’s death. If the total estate is worth less than $125,000.00, only a small succession affidavit is required. Larger estates must go through general property succession. The purpose of succession is to ensure the property is collected, creditors are paid to the greatest extent possible and any remaining assets go to the estate’s beneficiaries.
How long do I have to open/file a succession in Louisiana?
Unlike in many other states, there is no deadline to file a succession petition in Louisiana. However, it is generally better to file sooner rather than later. For one thing, it will become more difficult to access records and paperwork as time goes by. For another, there may be tasks related to succession to complete right away, such as canceling utilities, turning off subscriptions and paying final bills and taxes. Since these tasks bear so closely on the administration of the estate, it makes sense to continue to process while you have all this information gathered.
How long does succession take in Louisiana?
The duration of the succession process in Louisiana can vary depending on several factors, making an exact answer impossible. A straightforward succession can conclude within several months, but issues like these can complicate and prolong the process:
- Disputes among beneficiaries: Conflicts over the distribution of assets can lead to court hearings and delays.
- Locating assets and debts: Problems finding and identifying all assets and debts can extend the process.
- Validity of the will: If the will is contested, it may lead to additional legal proceedings.
Further, estates with complicated assets, such as multiple businesses or real estate, may require more time for proper valuation and distribution.
How much does it cost to open succession in Louisiana?
Court costs vary from parish to parish, but tend to be around $300 to $600. In addition, you may opt to hire a succession/probate lawyer. If you do, the fees will depend on the size and complexity of the estate. Some attorneys charge an hourly fee, while in other situations, they may charge a fixed rate. The legal fees you pay will also depend on whether any disputes arise. In general, when an estate administrator/executor hires an attorney to assist with the estate, the fee is paid out of the estate.
Do I need a lawyer for succession in Louisiana?
While it is not required by law, it is extremely advisable to hire a lawyer for this process. Succession (probate) involves a number of complex legal procedures and requires strict adherence to state law. Mistakes can lead to an unfavorable outcome.
An experienced attorney has the knowledge and skill to navigate these intricacies, promoting an accurate and efficient succession process. Other benefits of guidance from an attorney include:
- Minimizing errors that could lead to delays or complications
- Helping with disputes among beneficiaries
- Managing complex assets like overseas property
Since each state has unique probate or succession requirements, an attorney can also facilitate compliance with Louisiana law.
How are debts handled in Louisiana succession?
As with assets, estate debts are addressed through the succession process. The executor or administrator of the estate is responsible for paying off the decedent’s debts using the estate’s assets.
Examples of specific debt-related responsibilities include:
- Notifying creditors
- Settling outstanding debts
- Meeting any other financial obligations
Contrary to common belief, if the estate’s assets are insufficient to cover debts, heirs are not personally responsible for those bills. However, the estate may need to be liquidated to satisfy creditor obligations.
How is community property handled in Louisiana succession?
The state’s community property laws dictate how these assets are addressed during succession. Community property includes assets acquired during a marriage, except for gifts and inheritances, which are considered separate property.
Upon the death of one spouse, the surviving spouse retains half of the property. The decedent’s half is distributed according to their will or the state’s intestacy laws if they left no will.
The surviving spouse has the right to use the community property while the succession process is underway. However, they must eventually divide the property according to the state’s legal requirements.
Contact A New Orleans Succession/Probate Lawyer Now
The Buhrer Law Firm is conveniently located near Lakeside Mall and has readily available street-level parking. A loyal and compassionate support staff supplements Mr. Buhrer’s client-centered legal representation. To arrange an initial consultation, contact the firm online or by calling 504-541-6997 or 800-636-0784.
