If you’ve been told you need to “open a succession,” you’re not alone—and you’re probably not entirely sure what that means or where to start.
If you’re dealing with probate in Metairie, this is often the first step families are required to take after a loss.
We often meet families who are simply trying to:
- access a loved one’s bank account
- transfer a home
- or handle things after a loss
…and are told they can’t move forward until a legal process is completed.
In Louisiana, that process is called a succession—what most people refer to as probate.
If you’re dealing with this for the first time, it can feel overwhelming. The good news is, once you understand how it works and what’s required, it becomes much more manageable.
What Is Probate (Succession) in Louisiana?
A succession is the legal process of transferring a person’s assets after they pass away.
This includes:
- property
- bank accounts
- legal rights and obligations
Even if someone has a will, a succession is often still required to transfer ownership and give heirs legal authority to act.
Why Is It Important to Open a Succession?
A succession allows heirs to gain legal possession of property and access important assets.
Without opening a succession, families may not be able to:
- access bank accounts
- sell or refinance a home
- collect certain funds or benefits
This is why many families first encounter this process when a bank, title company, or financial institution tells them it’s required.
When Should You Open a Succession?
In most cases, a succession should be opened as soon as reasonably possible after a loved one passes away.
In some situations, timing becomes more urgent—especially if funds are needed to cover funeral expenses, medical bills, or ongoing property costs.
Delaying a succession can create additional complications, including:
- lost documents or missing heirs
- tax issues or property risks
- increased legal complexity over time
Why Families Want to Avoid Probate in Louisiana
Most families aren’t looking to go through succession—they’re trying to avoid it if possible.
That’s because probate in Louisiana can involve:
- court filings
- delays in accessing assets
- legal costs
- added stress during an already difficult time
This is why many estate plans are designed to reduce or avoid succession altogether, often through tools like revocable living trusts and proper asset structuring.
Learn more about Estate Planning in Metairie
Types of Successions in Louisiana
Not all successions are the same.
The complexity depends on:
- the value of the estate
- the type of assets involved
- whether there is a will
- and whether there is agreement among heirs
Some successions are relatively simple, while others require more time and coordination.
Steps to Take If There Is a Will
If your loved one had a valid will, the succession is called a testate succession.
In this case:
- the will outlines who inherits
- the court verifies the validity of the will
- and assets are distributed according to its terms
Steps to Take If There Is No Will
If there is no will, the succession is considered intestate.
In these cases, Louisiana law determines who inherits the estate.
This often involves:
- determining family relationships
- identifying whether property is community or separate
- and applying Louisiana’s inheritance rules
Steps to Take If There Is a Trust
If your loved one had a trust, some or all of the assets may pass through trust administration instead of succession.
This can reduce or avoid the need for court involvement, depending on how the trust was structured and funded.
Learn more about Trust Administration in Louisiana
When Do You Need a Probate Lawyer in Metairie?
Not every situation is the same.
Some successions are straightforward, while others involve:
- multiple heirs
- real estate
- missing documents
- or disagreements among family members
Working with a probate lawyer in Metairie can help you:
- understand what’s required
- avoid costly mistakes
- and move the process forward more efficiently
Important Note
Do not retitle or transfer any assets before speaking with a qualified estate planning or probate attorney.
Taking action too early can create legal or tax issues that are difficult to correct later.
Start With the Right Guidance
If you have questions about probate or successions in Louisiana, you don’t have to figure it out on your own.
Whether you’re trying to open a succession, understand your responsibilities, or determine your next steps, we’re here to help.
📍 Offices in Metairie and Covington
📞 Call (504) 831-2348 to schedule a consultation
