Successions in Allen Parish

What are successions?

Called probate in other states, the term succession refers to the distribution of property after the passing of an individual. After being appointed by a judge, a succession representative must collect and manage assets, pay debts and taxes, and distribute remaining property to heirs and beneficiaries. They are also responsible for presenting any wills to the court and submitting a plan to the judge for concluding the succession.

If the decedent, or deceased person, left a will, the succession representative will be called an executor. If the decedent did not leave a valid will, the succession representative will be referred to as the administrator. With more than 100 years of combined experience, our Allen Parish wills & successions attorneys are well-equipped to assist you if you are serving as the administrator or executor of a late loved one's estate.

Probate Property

Only certain assets go through probate. If your property is paid directly to a named payee by a third party, it generally will not go through succession. Community property, or property accumulated during marriage, is owned equally by spouses if there was no contract or inherited property. If one of the spouses passes away and does not leave a valid will, only half of the community property will be considered probate property. Additionally, property in irrevocable trusts with another named beneficiary will not go through probate.

Forced Heirs in Louisiana

Children under 24 years of age at the time of the decedent's passing and children with permanent disabilities are considered forced heirs. Grandchildren of the decedent can also be forced heirs if their parent would have been under the age of 24 or permanently incapacitated at the time of their grandparent's passing. The amount the heirs will receive is called the "forced portion" or "legitime" and depends on the number of forced heirs and the size of the estate. If there is one forced heir, he or she will receive one-quarter of the estate. Multiple forced heirs will share half of the estate equally.

How is property distributed?

The distribution of probate property depends on the presence of a valid will. A valid will can distribute property however the decedent would like, with the exception of forced heirs. Although forced heirs are required to receive a portion of the estate, a valid will can give the surviving spouse a lifetime usufruct over the forced portion. The usufruct would allow the surviving spouse to use the property without owning it. If the decedent did not leave a valid will, his or her property will be distributed according to Louisiana intestate laws, which may benefit surviving children, spouses, parents, and siblings.

Seek Personalized Assistance from Hebert Holmes & Bertrand

Losing a loved one is difficult, and dealing with succession while you are still grieving can make the process even more challenging. With over 35 years of experience, the legal team at Hebert Holmes & Bertrand is well-equipped to assist you through succession. We are caring attorneys who believe that our business is built on strong personal relationships with clients in Kinder, Allen Parish, and Southwest Louisiana. To learn more about your options and obligations, take advantage of our case evaluation today!