“The passing of a family member comes with a wide range of emotions. It can be challenging for loved ones to handle the myriad of details that follow a death in the family. Take time to grieve and when you are ready come see me to help you navigate the succession process with thoroughness and compassion.” – Ryan S. McBride

Succession Defined

Succession is the legal process that must be completed in order to properly transfer the estate of a deceased individual to either his/her legatees (if the Decedent died Testate – had a valid will) or his/her heirs (if Decedent died Intestate – did not have a valid will).

What is Probate?

While most people are more familiar with the term “Probate” as it relates to process of distributing an estate to the heirs of a Decedent, “Succession” is the proper term for our process here in Louisiana. “Probate” is a common law term used almost exclusively in every other state but Louisiana. Regardless of the word used to describe it, the underlying process requires legal expertise to navigate it as it is much different in Louisiana than in any other State.

Who needs to “Open” Succession?

Generally, any deceased individual who owned probate assets valued greater than $75,000 at the time of his/her death will need to have succession opened on his/her behalf, regardless of whether or not the individual had a valid Last Will and Testament.

Probate vs. Non-Probate Assets

Examples of probate assets include immovable property (family home, rental property, commercial real estate), vehicles, personal property (jewelry, collectibles), brokerage, checking, savings accounts and CDs. As a general rule, all qualified retirement plans, life insurance policies, annuities, or any other accounts that require choice of a beneficiary designation are non-probate assets. In other words, non-probate assets are passed to beneficiaries chosen by the Decedent prior to death and therefore are passed on by contract at death, not by Testamentary provision or as part of the Succession process.

Are all Successions Complex and Expensive?

The complexity and cost of a Succession are functions of the following considerations: 1) Amount and complexity of assets, 2) Amount and complexity of debts, 3) Degree of cooperation amongst heirs/legatees. While some Successions can take years to complete, the vast majority can be completed within a reasonable amount of time and at a reasonable cost.

During the succession process, court documents must be filed in a timely manner to keep the process moving in the right direction.

Once we determine the proper course of action regarding the method of probate procedure for your situation, I will personally draft all necessary court pleadings and have them filed at the court located in the parish where the deceased resided at the time of his/her death. My office will provide you with copies of all pleadings filed on your behalf.

Part of our service includes keeping you informed on the progress of the succession. We can contact you with updates via phone call, email or text message.

Negotiation and settlement of the deceased’s debts is an often overlooked but still important part of settling any estate.

Our office will work to initiate contact with all of the creditors of the deceased to resolve debts, negotiate reductions for consumer debt amounts on behalf of the estate, and/or close existing accounts. (Please note that contingency fees for debt negotiation services may apply.)

IMPORTANT NOTE REGARDING CREDITORS AND DEBT COLLECTORS

Heirs are NOT personally responsible for the debts of their deceased family members. The liability of any heir is limited to the value of the assets inherited. Unscrupulous debt collectors will try to convince surviving family members that they must pay the debts of the deceased. Do not fall prey to their tactics. ALWAYS seek legal counsel before paying any of your deceased loved one’s credit card bills.

Click here (Please share the PDF file or the PDF URL) link to successionquestionaire.pdf) to receive a complimentary, user friendly checklist to help you with this process. By choosing our office to handle a loved one’s succession, you can take comfort in knowing that we will prepare all court documents, help you with debt issues, and give you guidance in preserving the estate for his/her heirs.

Contact the Law Firm of Ryan S. McBride today for a consultation.

If you are looking for succession or probate services, please contact our Metairie office at 504-265-1705 for a consultation or fill out our online form