A testate succession in Louisiana occurs when someone passes away with a valid will in place.
Many families assume that having a will makes everything simple.
In reality, while a will provides direction, it does not avoid probate (succession). The court must still validate the will and authorize the transfer of assets.
That’s where this process comes in.
What Does “Testate” Mean?
A testate succession simply means that the person who passed away had a valid Last Will and Testament.
In this case:
- the will outlines who inherits
- those beneficiaries are called legatees
- and the court oversees the process to make sure everything is carried out properly
What Happens During a Testate Succession?
Even with a will, there is still a legal succession (probate) process that must be followed in Louisiana.
The court will:
- review and validate the will
- appoint the executor
- and authorize the distribution of assets
This process ensures that everything is done according to Louisiana law and the instructions left behind.
The Role of the Executor
The executor is the person named in the will to handle the estate.
This role often includes:
- gathering and managing assets
- working with the court
- paying debts and expenses
- and distributing property to beneficiaries
For many families, this is their first time serving in this role—which can feel overwhelming without guidance.
What To Do Immediately After a Death (If There Is a Will)
In the first few days after a loss, it can be difficult to know what needs to be handled right away—and what can wait.
If your loved one had a will, here are the initial steps to focus on:
Start With the Immediate Needs
- Contact a funeral home and begin making arrangements
- Notify close family members and support systems
- Make sure no one is left alone during the first few hours or days
Gather Important Information
- Locate the will and other important documents
- Request multiple certified copies of the death certificate
- Begin gathering financial records and account information
Notify Key Institutions
- Employer and benefits providers
- Life insurance companies
- Social Security Administration
- Banks and financial institutions
Each may require documentation to begin processing claims or benefits.
Pause Before Making Financial Decisions
This is one of the most important steps.
Avoid:
- transferring or retitling assets
- making large financial decisions
- signing contracts
before speaking with an attorney.
Speak With an Attorney Early
Even with a will in place, there are still legal steps required.
Meeting early helps:
- ensure the will is properly handled
- avoid delays or mistakes
- determine whether a succession must be opened
Important Reminder
Do not change the title of any assets before getting guidance.
Taking action too early can create complications that are difficult to fix later.
What Are the Steps in a Testate Succession?
While every case is different, most follow a similar path:
- The executor submits the will to the court for probate
- The court formally appoints the executor
- The executor prepares an inventory (or sworn descriptive list)
- The executor handles debts and obligations
- The court issues a judgment of possession
Throughout this process, the court maintains oversight.
Why Having a Will Still Matters
Even though a will does not avoid succession, it still plays a critical role.
A properly drafted will can:
- clearly define who inherits
- reduce confusion among family members
- and make the process more predictable
Without a will, Louisiana law decides what happens—which can lead to outcomes families didn’t expect.
Learn what happens if you die without a will in Louisiana
Do You Still Need Probate If There Is a Will?
Yes.
This is one of the most common misconceptions.
Even with a valid will, a succession is usually required to:
- transfer ownership of property
- access accounts
- and give the executor legal authority
When Should You Talk to a Probate Lawyer?
Some testate successions are straightforward. Others can become more complex, especially if there are:
- multiple heirs
- real estate involved
- unclear provisions in the will
- or disagreements among family members
Working with a probate lawyer in Metairie can help ensure the process moves forward correctly and efficiently.
Testate Succession FAQs
Does a will avoid probate in Louisiana?
No. Even with a will, the estate still goes through succession. The will directs who inherits, but the court process is still required to transfer assets and give the executor legal authority.
Start With the Right Guidance
If you’re dealing with a testate succession, or trying to understand what comes next, you don’t have to figure it out on your own.
At Morrison Law Group, PLC, we guide families through Louisiana successions with clarity and care.
📍 Offices in Metairie and Covington
📞 Call (504) 831-2348 to schedule a consultation
