The probate process is one in which a Last Will and Testament is enforced and the legatees (the people receiving property given to them in the will) are given possession of their property.
What most states call “probate,” Louisiana calls “testate succession,” and probate is a part of it. The main reason that probate is only part of the succession is that community property must still be dealt with.
Inheritance of Community Property
In any succession, the community property must be divided in half. One half belongs to the surviving spouse as that spouse’s share of the community. The other half is the deceased’s share of the community. Only that share can be disposed of in a Last Will and Testament.
What if There is no Will?
In Louisiana, the proceeding to deal with a deceased’s property when there is no will is called “intestate succession.” A will is also called a “testament,” so passing away without a will is called dying “intestate.”
Regular Process and Independent Administration
Louisiana provides for a simplified process of administration of a will when it is provided for in the will itself. A standard succession is heavily court-supervised, while an independent administration does not require nearly as much court approval and can be less time consuming and expensive.
If there is no independent administration provided for in the will, it can still be obtained if all the heirs agree to allow it.
Help With a Probate Matter
We handle uncontested succession matters state-wide. You do not need to schedule an appointment to our office. We can handle everything by phone, mail, and email.
Our fees for all matters are flat fees rather than hourly rates. Call to speak to an attorney who will discuss your options and quote a fee based on your specific needs: (985) 853-8557.