Should I hire a Louisiana succession lawyer or a notary public? (2024)

FAQs

Should I hire a Louisiana succession lawyer or a notary public? ›

A Louisiana Succession Attorney Can Do Even More

Generally, a decedent's estate goes through succession or probate in Louisiana if the estate is worth $125,000 or more, regardless of whether the decedent died with a will (testate) or without a will (intestate).

In some cases, the process is simple, but in other cases, it can get very complicated very quickly. In all but the simplest situations, you should work with a succession attorney to ensure that the process is as efficient as possible and that, as an heir, your rights are protected.

Many of them can help clients with small successions, affidavits and other documents. However, it's important to note that a notary public cannot represent you in court. They also cannot give legal advice or give your family options for the successions. They can only help with the paperwork and that's it.

Succession costs for smaller estates with cooperative heirs will typically range from $1,500.00 to $3,000.00. Succession costs for larger estates that require administration will typically range from $5,000.00 up to $15,000.00 depending on what needs to be done.

The length of time depends on the complexity of the estate and how long it takes to gather the information required to complete the succession documents. As a practical matter, it typically takes two to six months to complete a succession.

This is the process which transfers ownership of the property from the deceased person to those who inherit. A succession is the process of settling a deceased person's estate and distributing the property to those who inherit after the debts are paid. This process is called probate in other states.

The small succession process involves filing a small succession affidavit with the court, which includes a sworn descriptive list of assets and other required information. Once the affidavit is approved, the heirs can transfer the property and assets without the need for a court-supervised probate process.

To initiate a Louisiana succession, several documents are typically required. These may include: Death certificate: A certified copy of the decedent's death certificate is required to initiate a succession. Will: If the decedent left a valid will, a copy of the will must be filed with the court.

Succession proceedings can take half a year or longer

The process can take anywhere from six months to more than a year depending on the assets involved and the kind of documentation or estate plan someone uses to arrange for the distribution of their property.

Can a notary notarize for a family member in Louisiana? ›

Should notary publics notarize for family members? A notary public is not permitted to notarize a signature on a document if the signatory is the notary's spouse, son, daughter, mother, or father.

Spouses in Louisiana Inheritance Law

Individuals who pass away without a will and with children will leave their spouse with very little. In fact, a spouse will only be entitled to receive the decedent's share of community property under a usufruct.

The Estate Settlement Timeline:

There is no specific deadline for this in Louisiana law, but it is generally best to do so within a month to ensure a smooth start to the probate process. Inventorying the Estate: Once the will has been submitted, the executor must compile a thorough inventory of the deceased's assets.

The applicant will provide his/her National Identity number, deceased person's death certificate and National Identity number. Along with the application, the Applicant shall submit a letter of authorization from all the legal heirs to file application on their behalf.

In Louisiana, the following types of heirs may be entitled to inherit from a decedent who dies intestate: biological and adopted children, or their descendants; parents of the decedent; siblings of the decedent, or their descendants (the decedent's nieces and nephews);

A small succession, within the meaning of this Title, is the succession or the ancillary succession of a person who at any time has died and the decedent's property in Louisiana has a gross value of one hundred twenty-five thousand dollars or less valued as of the date of death or, if the date of death occurred at ...

All other assets, such as your home or an investment account, are considered “probate assets.” If you have any probate assets, you can avoid the probate process with additional planning. The best way to do this in Louisiana is through a living trust, which is just a trust that you establish while you are alive.

Non-probate assets include: Beneficiary Designations: Assets with named beneficiaries are considered non-probate assets. Common examples include life insurance policies, annuities and retirement accounts (e.g., IRAs, 401(k)s).

Many probates will cost a minimum of $5,000. There are some probate fees that most estates will need to pay. These can include some or all of the following: Various filing fees and court costs.