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Louisiana Succession & Probate Attorneys In New Orleans — Ciolino & Onstott
In addition to the emotional strain, friends and family are also often burdened with managing the property of their loved ones, paying for funeral costs, dealing with life insurance companies, banks, utility companies, and more. On top of that, the legal process required to get ownership of your inheritance (known as “succession” in Louisiana, or “probate” elsewhere) can be complicated and confusing. Ciolino & Onstott can provide assistance with all of these issues through our full-service succession practice through affordable flat-rate and hourly packages.
Simple Successions
Administered Successions
Frequently Asked Questions
A succession is the legal process of transferring a deceased person's property to their heirs in Louisiana. It is the equivalent of probate in other states and involves collecting assets, paying debts, and distributing the remaining property according to a will or Louisiana succession law. Ciolino and Onstott handle successions throughout Orleans Parish, Jefferson Parish, and the greater New Orleans area. The term “probate” in Louisiana is used specifically to describe the process of proving a will.
A simple Louisiana succession only requires the clients to sign certain paperwork, and for a judge to review the paperwork and issue a judgement. This process could technically be completed in a single day, however this is rarely practically possible. In our experience simple successions are generally completed within a few weeks of when we are hired. More complex “administered” successions involving disputes between heirs, real estate sales, or creditor negotiations are hard to predict and can take several months or years. Timelines also vary by parish, as some courts are busier than others, or require additional procedural steps. Ciolino and Onstott has successfully handled successions throughout the state, and particularly in Orleans, Jefferson, St. Bernard, St. Charles, and St. Tammany parishes.
It is very important to consult with an attorney before taking any funds from a joint or Payable-On-Death (POD) account in Louisiana. Unlike most states, joint bank accounts and POD accounts in Louisiana do not necessarily pass to the surviving account holder or to the POD beneficiary. Louisiana’s laws allow banks to transfer funds from these accounts to the joint account holder or POD beneficiaries, but they do not pass actual ownership. It is illegal to take funds from a joint account without being the actual owner of the funds, even if the bank allows you to do so. If you have done so, then you may be required to return all of the funds taken to the estate’s administrator or to the heirs. The funds are part of the deceased's estate and must go through the succession process before the surviving holder or designated beneficiary can take ownership. The risk of taking funds from joint accounts or POD accounts in Louisiana are extremely high, even when the bank allows you to do so as a joint account holder or beneficiary. We strongly recommend that you consult with an attorney prior to accessing any of the Decedent’s accounts. This applies in Orleans Parish, Jefferson Parish, and all Louisiana parishes.
A Louisiana small succession affidavit is a simplified legal document that allows heirs to transfer small estates without opening a full succession in court. It is available when the total estate value falls below a financial threshold set by Louisiana law, and the decedent had no debts, and either didn’t have a will, or had a will that simply restated the Louisiana’s intestate succession laws. Successions by Affidavit can be a faster option for families in Orleans Parish, Jefferson Parish, and surrounding areas, but should be prepared by an attorney to confirm that they comply with the law. A minor mistake in a succession affidavit can make the entire document unenforceable.
You are not legally required to hire a lawyer for a Louisiana succession, but it is strongly recommended. Louisiana succession law is complex and unique, and small mistakes can cause costly delays, court complications, or invalid property transfers. This is particularly true in higher population parishes, like Orleans Parish and Jefferson Parish, where the courts are dealing with heavy caseloads and have many special rules. The delays and additional costs caused by minor mistakes in busy courts can be exceptionally high. Families in those parishes benefit the most from working with a local succession attorney who knows the courts and the process.
If a person dies without a will in Louisiana, their estate is distributed according to Louisiana’s “intestate” succession laws. Property passes in a specific order set by the Louisiana Civil Code. This law is very complicated, and is highly fact-specific, depending on what exactly the inherited property is, whether the person was married, whether they had children, and so forth. We highly recommend hiring a local New Orleans succession attorney to help your family understand the intestate succession laws if a loved one has passed without a will. In contrast, any property that is included in a will simply goes to the heirs designated in the will, though there can be complications with that process as well, in certain circumstances.
Forced heirship is a Louisiana law that requires parents to leave a portion of their estate to certain children, regardless of the parent's wishes. Children under 24 and children of any age with permanent disabilities qualify as forced heirs and are entitled to a set percentage of the estate. Forced Heirship should always be accounted for in any estate plan or succession.
Look for an attorney who specializes in Louisiana succession law, handles cases in Orleans Parish and Jefferson Parish courts, and offers a free initial consultation. Ciolino and Onstott are succession lawyers with offices in New Orleans serving clients across Orleans, Jefferson, St. Bernard, St. Charles, and St. Tammany parishes.