Successions
Losing a loved one is hard enough. Navigating Louisiana's succession process shouldn't make it harder. The Rhodes Law Firm guides families through every stage of the succession process — from simple small-estate affidavits to complex contested successions.
In Louisiana, the transfer of a deceased person's estate to their heirs and legatees is called a succession. Louisiana succession law — governed primarily by the Civil Code and the Code of Civil Procedure — is deeply rooted in the state's Civil Law tradition and differs substantially from the probate processes of other states. Getting the succession right requires an attorney who knows Louisiana law.
Testate vs. Intestate Succession
A testate succession occurs when the deceased left a valid will, and the estate is distributed according to its terms — subject to Louisiana's forced heirship rules. An intestate succession occurs when the deceased died without a will, and the estate is distributed to heirs according to the default rules of the Civil Code. In either case, a formal succession proceeding may be required to transfer title to property and resolve the affairs of the estate.
Forced Heirship
Louisiana is unique among American states in its recognition of forced heirship. Certain children — those who are 23 years of age or younger, or those of any age who are permanently incapacitated — are "forced heirs" who cannot be completely disinherited. A forced heir is entitled to a "legitime" — a reserved portion of the estate. Understanding forced heirship is essential in any Louisiana succession matter, whether you are a forced heir asserting your rights or an executor administering the estate.
Administration of the Succession
We assist with all aspects of succession administration, including: filing the petition to open the succession, identifying and valuing assets, notifying creditors, paying debts and taxes, preparing a detailed descriptive list or tableau of distribution, and ultimately distributing the estate to the proper heirs and legatees. We also handle contested successions — including will contests, disputed heirship claims, and challenges to the conduct of executors or administrators.
Small Succession Affidavits
For smaller estates, Louisiana law provides a simplified procedure through a small succession affidavit. If the total value of the estate does not exceed a statutory threshold, heirs may be able to collect assets and transfer property without a full court proceeding. We help families determine whether this simplified process is available and prepare the necessary documentation.
Authoritative Resources
- Louisiana Civil Code Art. 880 et seq. – Successions (Louisiana Legislature) ↗
- Louisiana Civil Code Art. 1493 et seq. – Forced Heirship & Legitime (Louisiana Legislature) ↗
- Louisiana Code of Civil Procedure Arts. 3001–3393 – Succession Procedure (Louisiana Legislature) ↗
- Louisiana R.S. 9:1421 – Small Succession Affidavit (Louisiana Legislature) ↗
- LawHelp Louisiana – Successions in Louisiana ↗
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