Succession Lawyer Louisiana

How To Get an Executor of a Succession Confirmed

The purpose of this post is to walk you through the detailed steps of getting an executor of a Louisiana Succession confirmed. Once confirmed by the court, the executor can then access accounts of the decedent, sell Succession assets, and have other powers that enable the executor to start the process of settling an estate.

Just being named as an executor in a Will does not give the named executor the authority to act. They must first go through the process of getting confirmed by a court. The following are the steps to getting an executor confirmed:

(1) Must have the original last will and testament - the one that was actually signed. The will names the executor.

(2) A petition to probate the Will and ask the judge to confirm the executor.

(3) The executor will sign a Verification of the above-mentioned Petition.

(4) Two people who knew the deceased will each sign an Affidavit of Death, Domicile, and Heirship. This proves to a judge that the deceased died and that he had a Will and whether the deceased had forced heirs.

(5) The executor signs an Oath that they will faithfully perform their duties as executor.

(6) We will prepare and file and submit the court order that we want the judge to sign confirming that the executor has been confirmed.

(7) We will prepare Letters of Independent Executorship. The clerk of court will make several certified copies. The executor needs certified copies of these Letters to move frozen financial accounts into an estate account.

(8) We have the named executor sign an Application for Tax ID Number. This number is necessary so that the executor can open an estate account.

So we file all the court pleadings and we wait - often a few weeks - for the court pleadings to be processed. We get it back and get certified copies of the Letters to the newly confirmed executor. And we are off and running.

This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.

Paul Rabalais
Louisiana Estate Planning Attorney
Phone: (225) 329-2450

The Louisiana Small Succession Affidavit Procedure

I've been involved in hundreds of Succession judicial proceedings over the years. Most people perceive these court proceedings as taking too much time, costing too much money, and being too much of a bureaucratic hassle.

Now, in Louisiana, it is possible for a family to skip the full-blown judicial court-supervised Succession proceeding when a family member dies owning assets in their name, but only under the following circumstances.

In certain circumstances, families can transfer title to property by going through the Small Succession Affidavit procedure. When this applies, no judicial pleadings need to filed at the courthouse. The Succession is completed through the preparation and recording of an Affidavit and certified copy of the deceased's death certificate in the appropriate parish real estate records.

However, this affidavit procedure is applicable in limited circumstances. To qualify for this procedure, the Louisiana resident must have died without a last will and testament, and EITHER, at the time of his or her death owned $125,000 of property or less, OR, died at least 20 years prior to the filing of the affidavit.

Note that if a Louisiana resident died WITH a last will and testament, then the Louisiana Small Succession Affidavit procedure is not available. Note also that this procedure is also available when someone died and they are not a Louisiana resident, but they own property in Louisiana - in fact, if they had a Will that was probated in another state, the procedure is available.

The Louisiana Small Succession Affidavit Procedure should make it somewhat easier for families to clear title to property when the assets of the deceased are minimal. Often times, families are stuck because they want to get the property in their name, but the deceased did not leave enough financial resources behind to complete a judicial proceeding. This procedure should help.