Succession and Probate
What other states call “probate,” Louisiana generally calls “succession.” In Louisiana, “probate” refers to a specific part of a succession that involves a will.
Louisiana has two possible legal procedures that can be invoked to handle your estate after you pass away. One is called an “intestate succession” and the other is “testate succession.” The difference between the two is whether or not a will is involved.
What is a Testate Succession?
A testate succession happens when there is a will and includes the process of “probate,” which is where the will is validated and an order to execute the will is issued.
A will is also known as a “last will and testament” and is a document that spells out what is to happen to your estate after you die.
What is an Intestate Succession?
When one passes away without a will, the rules of intestate successions will determine what happens to his or her estate.
This distinction is important because community property and separate property are treated differently in probate and estate law.