About Brown Weimer LLC
Estate Planning Lawyer in New Orleans, LA
Louisiana law uses the word succession to refer to the probate process. A Louisiana succession is a court proceeding to change title to assets from a deceased person to his or her heirs, legatees, or beneficiaries.
The term estate is usually used to refer to the property that a person owned at death. Under Louisiana law, a person's estate includes all of the property, rights, and obligations that a person leaves after his or her death, as well as rights and obligations that don't arise until after death.
The purpose of a succession is to give legal effect to a deceased person's intentions for leaving their property at death and clear or marketable title to the deceased person's assets. After the succession process is complete, the individuals or organizations that end up with the assets are the owners of the assets.
Successions are often required to give assurance to third parties (such as financial institutions or buyers) and establish legal authority for someone to act on behalf of the deceased person. As part of the succession, the court will issue a Judgment of Possession that transfers title to the decedent's assets. This court involvement reassures third parties that a person who claims to own a deceased person's property is a true owner.