Detailed Answer
Louisiana does not use the terms “common form” and “solemn form” probate as North Carolina does. Under Louisiana law, you generally choose between a summary succession, a small succession affidavit, or a formal (ordinary) succession. Each method follows rules in the Louisiana Code of Civil Procedure or the Louisiana Revised Statutes.
1. Summary Succession
A summary succession is a streamlined process for intestate estates or testate estates where no formal act of probate is required. It applies when the only parties are close family members and the estate does not involve complicated claims or real estate. It is governed by La. C.C.P. art. 1021 through art. 1023. You file a petition, serve notice on heirs, and obtain an order transferring assets without a full hearing.
2. Small Succession Affidavit
If the decedent left only personal assets valued at $125,000 or less and no real estate, an heir may use a small succession affidavit. This requires an affidavit signed by the heir and supporting documents (death certificate, heirship information). It is governed by La. R.S. 9:315.1. No court hearing is required; financial institutions and vehicle registries accept the affidavit to transfer assets.
3. Formal (Ordinary) Succession
Formal succession applies when the estate is complex—real estate, creditors’ claims, disputes, or a will requiring probate. The process follows La. C.C.P. art. 3051 through art. 3053. You file a petition, notify heirs and creditors, conduct an inventory, and hold a hearing. After creditor deadlines pass, the court issues a judgment of possession.
Key Differences:
- Complexity: Summary and small successions avoid full hearings; formal succession requires detailed court involvement.
- Cost & Time: Summary and affidavit methods are quicker and less expensive. Formal succession incurs higher filing fees and longer timelines.
- Court Filings: Summaries file minimal documents. Formal succession requires petition, inventory, accountings, and hearings.
- Notice Requirements: Formal succession mandates service on creditors and heirs; summary methods require limited notice.
Helpful Hints
- Determine total estate value early to select the correct procedure.
- Review Louisiana’s legislative website for full text of relevant articles.
- Gather the death certificate, asset lists, and heirship information before filing.
- Meet all notice and deadline requirements to avoid delays.
- Consider consulting a Louisiana attorney to confirm eligibility and prepare filings.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Louisiana attorney to address your specific situation.