Petition for Probate and Possession, Heirship or Descent Affidavit, Sworn Descriptive List, Judgment and Order - Louisiana 2025

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In Louisiana, probate is known as succession. A succession legally transfers property ownership from the person who died (the decedent) to the person who will own the property next (the heirs). However, succession isnt always required.
The use of a revocable trust to avoid probate can minimize the amount of your private information that becomes public record. Keep in mind that a revocable trust is not entirely private. Transferring deeds for real estate from the trust to the beneficiaries, for example, must be filed in the conveyance records.
A Petition for Probate must be prepared to request the Court to open a Succession, which is given a Docket Number like a civil lawsuit. A court Order is issued admitting the Will to probate and an Executor is appointed with responsibility for administering the estate.
In Louisiana, you can complete a succession (commonly known as probate in other states) without an attorney, but it can be a complex and legally intricate process.
An Heirship Affidavit is a statement under oath by 2 or more heirs (including the surviving spouse, if any) as to certain facts. The affidavit can only be used if the property owner died without a valid will. Also, the affidavit can only be filed after 90 days from the property owners death.

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The Petition for Probate of Will and Letters Testamentary is requesting for the court to validate the Will and formally appoint the Executor. Once this is done, the court authorizes the Executor to oversee the process of distributing assets and property to beneficiaries per the instructions provided in the Will.
Assets that are subject to probate in Louisiana are those that are solely owned by the deceased individual and do not have a designated beneficiary. These assets must go through the court-supervised probate process to transfer ownership to the heirs.

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