Successions

Succession vs. Estate Planning

Although these terms are used interchangeably, they are not the same. Estate Planning focuses on creating your plan for your estate before you pass. Succession is the process that takes place after you or your loved one dies. Succession includes having the will validated by the court system and the actual distribution of assets to the heirs as stated in the will. This process can be very smooth if the proper estate planning elements are in place before the passing of your loved one. It can become more complicated if there is no will in place or the will is not considered valid. I can assist you with the proper documentation needed for succession and a valid estate plan.

I use my decades of experience in litigation combined with my commitment to providing clients with personal and practical advice to help them with a variety of succession needs. Whether you need help with a simple succession or advice and representation in a complex inheritance dispute, I will provide the sound advice and representation you need. Don’t wait! The longer it takes to complete a Succession, the more complicated and expensive it can get. Often, estates that could have been pretty simple get bogged down in litigation because of the issues and heirs that got into the mix long after the deceased died.

Types of Successions

If someone dies and has assets to transfer, the first step is determining what type of legal succession procedure will be necessary. In Louisiana, successors acquire ownership of the estate assets immediately at the decedent’s death (the person who died). However, a legal succession procedure is usually necessary for the successors to acquire legal and marketable titles.A succession is a legal proceeding where an attorney files legal documents to ask the court to transfer the deceased person’s property to the intestate heirs (when the decedent died without a will) or the legatees (when the decedent dies with a will). The Succession procedure gives third parties (banks, insurance companies, creditors, buyers) confidence that the heirs or legatees claiming ownership of the property have the right to sell, lease, or mortgage it. Thus, a primary function of a succession is to determine the identity of the deceased person’s successors and to re-title and place them into possession of the decedent’s property.

During a Succession, the lawyer collects information about the assets or property the decedent owned, and the liabilities owed. A petition to the court is then filed to ask the Judge to sign a Judgment of Possession recognizing the heirs or legatees as the new owners of the decedent’s property. This may be done without appointing an Executor or Administrator for the succession if the Judge reviews the documents and everything is in order. The new owners are recognized once the Judge signs the Judgment of Possession. 

A Judgment of Possession rendered in a succession provides proof of the transfer to third parties. In addition, outstanding debts owed by the decedent are paid with estate assets.If succession is required, you must decide which type of succession. In Louisiana, there are small successions by affidavit, simple successions (also called ex parte successions), and administered successions. If the succession does not qualify for succession by affidavit, it can usually be done as a simple, ex parte succession. If the estate is more complicated, it will require an administered succession.

Small Succession by Affidavit

A small succession is the succession or ancillary succession of a person leaving property in Louisiana having a gross value of $125,000 or less as of the date of death. The successors of a person who dies intestate or testate and with an estate value under the threshold may be able to take advantage of a small succession by affidavit, which allows for transfer of the decedent’s property without requiring a court-supervised succession. This affidavit is presented to financial institutions as proof of the heirship and serves as proof of the chain of title for real estate. There are strict rules about which estates can be handled with a succession by affidavit and who must sign the affidavit. Alan Kansas will work with you to determine whether your succession can be handled with an affidavit and walk you through the process of transferring the assets to the successors.

Simple Succession

In a simple succession, the succession documents are typically prepared simultaneously, and the succession is opened and closed in a few weeks. Suppose no administration is necessary because no estate taxes are due, no creditors demand administration, and all heirs/legatees accept the succession. An Affidavit of Death and Heirship is filed to initiate the succession and establish the court’s action. If the decedent died testate (with a valid will), a petition is filed asking the Judge to probate the will. The Executor named in the will is not confirmed and officially appointed because an executor has no role in an unadministered succession. A list of all of the assets and liabilities is filed. Any outstanding debts of the decedent are typically settled at this time.
Next, a petition is filed asking the Judge to place the successors into possession of their respective estate portions. Finally, the Judge signs the Judgment of Possession, which puts the heirs into possession of the decedent. As a practical matter, all documents may be filed on the same day, and the succession is opened and closed in a matter of days.

Administered Succession

 In a simple succession, the succession documents are typically prepared simultaneously, and the succession is opened and closed in a few weeks. Suppose no administration is necessary because no estate taxes are due, no creditors demand administration, and all heirs/legatees accept the succession. An Affidavit of Death and Heirship is filed to initiate the succession and establish the court’s action. If the decedent died testate (with a valid will), a petition is filed asking the Judge to probate the will. The Executor named in the will is not confirmed and officially appointed because an executor has no role in an unadministered succession. A list of all of the assets and liabilities is filed. Any outstanding debts of the decedent are typically settled at this time.
Next, a petition is filed asking the Judge to place the successors into possession of their respective estate portions. Finally, the Judge signs the Judgment of Possession, which puts the heirs into possession of the decedent.  Your attorney can file all court documents on the same day, and the succession can be opened and closed in a few days.

At The Law Office of Alan Kansas, LLC, we prepare the necessary Louisiana succession documents promptly and at a reasonable fee. We understand starting a succession after the loss of a loved one is difficult and often emotional. Alan Kansas has the compassion, understanding, and extensive knowledge to help make this painful process easier for you and your family.