The Louisiana Succession Process

Navigating the succession process after the loss of a loved one can be overwhelming, but with the guidance of an experienced attorney, it becomes more manageable. At Ciolino & Onstott, we help you understand the terms of the will, secure assets, handle debts, and complete the legal steps necessary to distribute inheritances. Our goal is to make the process as smooth and efficient as possible, giving you peace of mind during a challenging time.

1. Initial Consult with Your Attorney

If your loved one has a will, we will review it with you and explain its terms. In addition to directing who will receive their property, your loved one may have left other important instructions and information, such as burial wishes, and who should be their legal representative for handling their affairs. If your loved one does not have a will, then we will explain how your loved one’s estate will be handled under Louisiana’s intestate succession laws. We will also go over any information you have about the deceased’s assets and debts, and make a plan to complete the succession process as quickly and easily as possible.

2. Investigate and Secure Assets

After our meeting, we will want to inform banks and financial institutions of your spouse’s passing. You may need to update account ownership, close accounts, or retitle assets. Many of these tasks may not be possible until the succession is opened in the court, but it is still important to contact these institutions to protect the accounts from unauthorized withdrawals and confirm the existence of these assets for later. You should also understand that in Louisiana, unlike most states, joint accounts generally do not pass to the surviving account holder automatically, so joint account holders should not be using the funds in the account until the succession process is properly completed. We will also work with you to investigate if your loved one left any other assets, and take appropriate steps to protect them until the succession process is complete.

3. Handle Debts and Creditors

We will then investigate debts, notify creditors of your spouse’s death, and work with them to settle any outstanding debt. This might involve paying off loans, negotiating payment plans, or liquidating the deceased’s assets to pay the debt. We will provide guidance to you and your family on managing these obligations to protect your financial health.

4. Complete the Necessary Legal Processes

We will then file necessary pleadings to open, administer, and close the succession. At the end of the succession, the deceased’s affairs will be wound up, and judgments proving you and other heirs’ ownership of their inheritance will be issued. The particulars of this process vary widely from case to case, and can be extremely complicated. As your attorneys, it is our job to find these answers and help your family navigate the process, so you do not have to worry about it!

5. Put the Heirs Into Possession

When the steps above are complete, you will be ready to take possession of your own inheritance along with your loved one’s other’ heirs. We know that waiting on an inheritance can cause significant stress, so we strive to distribute inheritances as soon as possible; however it is impossible to give a timeline on when this will be done. In some cases, this can be within weeks of your initial consult, and in others it may take many months. Sometimes, certain heirs can be given their inheritances early in the process while others must wait much longer. Your attorney can usually advise you about what timeline to expect at your initial meeting. The goal is to take as much time as needed to complete the process properly, but no more!

6. Update Estate Documents

Finally, if you have an estate plan, especially if it was a joint plan with your spouse, now is the time to update your will, powers of attorney, and other relevant documents. If you do not have an estate plan, this is a very good time to have one done. Your recent experience with the succession process will give you important insight into how you would like your own affairs handled. It is important to take advantage of this experience and create a plan while this experience is fresh in your mind. We are happy to talk to you about these options as well.

Final Thoughts

The succession process can be very complicated and time-consuming, but with proper planning and assistance from qualified professionals, like the attorneys at Ciolino & Onstott, you can get to the finish line as quickly and painlessly as possible.