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Last Modified on Dec 05, 2025
There are many issues to address when a loved one passes away, especially regarding their estate. When a person passes away, their estate must go through succession, or probate. It’s important to understand how probate validates a will in Louisiana. You can hire a probate lawyer to help you handle an estate, but it’s also beneficial to understand state estate and will laws for yourself, too.
Louisiana Succession Laws
Estates in Louisiana must go through succession before any assets can be distributed to heirs and beneficiaries. Succession is often also called probate, though the two terms aren’t exactly the same. Probate is the process of validating a will. Succession refers to the process of settling an estate with or without a valid will present.
Succession is an essential aspect of handling a decedent’s estate. This process involves settling the estate by evaluating all property, paying off any debts, and distributing assets accordingly. Many families choose to work with a succession lawyer during this process to ensure all legal requirements are met. If the deceased party had a will when they died, it’s validated through the probate process, and assets are given to heirs and beneficiaries according to their wishes.
If the decedent doesn’t have a will, the estate still goes through succession. Less than half of Americans reported having a valid will in 2024. During succession, the court appoints a personal representative for the estate, determines whether there are any outstanding debts, and distributes the estate’s assets in accordance with Louisiana intestacy laws. In these situations, guidance from an experienced estate planning lawyer can help clarify how the law applies.
Intestate succession in Louisiana follows a priority order for who receives the estate’s assets. This order can look different on a case-by-case basis depending on the decedent’s surviving family, which is why some individuals consult a wills lawyer in advance to avoid uncertainty.
If an estate is valued at less than $125,000, you may be able to transfer the estate through a small succession affidavit.
How Probate Validates a Will in Louisiana
Probate is an essential part of validating a decedent’s will after they die. Louisiana recognizes notarial wills and holographic wills. It’s important to create a clear will that is enforceable under Louisiana law. Otherwise, the terms may be overturned in court.
The court validates a will by confirming that it was written and/or signed by the deceased. Once a will is validated, the court determines if any debts are owed from the estate. Then they can begin distributing assets to the heirs and beneficiaries in accordance with the terms outlined in the will.
If the deceased didn’t have a will at the time of death, assets are distributed under the Louisiana intestate succession law.
Part of succession involves settling any of the decedent’s debts from the estate. Around 55 percent of Americans reported that they are likely to leave behind debt when they die. Without a valid will in place, it’s up to the court-appointed personal representative to settle these debts.
The representative must notify creditors and give them sufficient time to respond. If there isn’t enough money in the estate, they can liquidate other assets in the estate at their discretion to satisfy the debt.
FAQs
What Is the Difference Between Probate and Succession in Louisiana?
Probate and succession are two closely related terms that are often used interchangeably when talking about estates, but they are not exactly the same. Succession refers to the entire process of settling an estate after someone dies, whereas probate deals specifically with validating the decedent’s will.
Succession happens with or without a valid will. Without one, property is distributed according to Louisiana intestacy law. Intestate succession distributes assets according to a priority order based on your family composition.
What Are the Requirements for a Will to be Valid in Louisiana?
Louisiana law recognizes two types of wills that come with their own requirements. It’s helpful to hire a probate lawyer to help you create a will that is enforceable under Louisiana law. Notarial wills must be signed by the creator and require two witnesses to validate the signature. Holographic wills, or handwritten wills, must be written in their entirety as well as dated and signed by the creator, but do not need any witnesses.
What Happens if I Don’t Have a Will When I Die in Louisiana?
If you die without a will in Louisiana, you won’t have a say in what happens to your finances and other assets. Instead, you can expect them to be distributed to eligible beneficiaries according to Louisiana intestate law.
Intestate succession determines who gets a decedent’s separate property based on who survives the decedent. This order typically starts with the surviving children, then the parents and siblings, their surviving spouse, grandparents, and other relatives, such as aunts, uncles, and cousins.
Do I Have to Hire a Probate Lawyer to Help With a Probate Case in Louisiana?
You’re not required to hire a probate lawyer for a probate case in Louisiana, but it’s highly recommended that you do. A Louisiana probate attorney can help you navigate through every stage of your probate case and ensure you can access the assets in an estate as quickly as possible. They can use their knowledge of Louisiana wills and estate planning strategies to help you navigate the succession process and any challenges that arise along the way.
Hire a Probate Lawyer to Help With Your Probate Case in Louisiana
Louisiana has unique probate and will laws that govern what happens to a person’s estate upon death. It can be difficult to navigate the probate process on your own in the wake of the death of a loved one, especially if you’re dealing with a complex estate with a variety of assets. That’s why it’s recommended to hire a probate lawyer to help you through your case.
Christopher J. Bridges, Attorney at Law, has over 25+ years of experience navigating complex estate problems. Our experienced legal team is dedicated to helping you through these challenging times and ensuring you get the help you need throughout any probate case. If you’re ready to discuss your case in more detail, contact our legal team to set up an initial meeting with a trusted attorney today.
