Your Family Shouldn’t Have to Figure This Out Alone
New Orleans families carry a lot of history. Multi-generational homes in Gentilly, businesses in the CBD that have been open for decades, property in Jefferson Parish that’s been in the family longer than anyone can remember. When someone passes away, all of that has to be sorted out — legally, officially, and often in court.
In Louisiana, that process is called succession. It’s what most other states call probate, but it runs under a completely different set of rules. Louisiana’s legal system is rooted in the French and Spanish civil codes, and succession in this state looks nothing like what you’d encounter in Texas or Mississippi.
At Legacy Estate & Elder Law, we walk New Orleans families through succession from start to finish. We handle the filings, the court dates, the creditor notices, and all of the legal work so you can focus on what matters.
Why Louisiana Succession Is Different From Probate Elsewhere
If you’ve ever handled a loved one’s estate in another state — or if you’ve read general information about probate online — much of what you’ve learned may not apply in Louisiana. The terminology is different. The rules are different. Even the underlying legal philosophy is different.
Here’s what makes Louisiana succession stand apart:
- Forced heirship — Louisiana law requires that certain children receive a portion of the estate. If your loved one had children who are 23 or younger, or who are permanently incapacitated, those children are forced heirs. Their share is protected by law.
- Community property — Property acquired during a marriage belongs equally to both spouses. When one spouse dies, only their half of the community property goes through succession. Getting this classification right matters for every asset.
- Usufruct — A surviving spouse may be entitled to a usufruct over the deceased’s share of community property, giving them the right to use it even though it legally belongs to the children. This can affect property in the Ninth Ward, in Lakeview, in Metairie — anywhere in the metro area.
- Notarial wills — Louisiana wills must be executed in a specific way to be valid. Courts scrutinize them carefully. A will that would be perfectly valid in another state might not hold up here.
These differences aren’t minor technicalities. They affect who inherits, how much, and how quickly the process moves. Working with attorneys who know Louisiana succession law from the inside makes a real difference.
Succession Services We Provide to New Orleans Families
Simple Successions
The majority of Louisiana successions are simple — also called uncontested or independent successions. When heirs agree, debts are under control, and there are no major complications, a simple succession is usually the fastest and most cost-effective path.
We file the petition with Civil District Court for Orleans Parish, handle the required documentation, prepare the judgment of possession, and guide your family through every step. In most straightforward cases, a simple succession can be completed in four to eight weeks from the time we file.
For families with property across the metro area, we also handle filings in the 24th Judicial District Court in Jefferson Parish, the 22nd Judicial District Court in St. Tammany Parish, and other courts throughout the New Orleans area. Property in multiple parishes doesn’t have to mean multiple headaches.
Administered Successions
Some estates require more than a simple filing. If heirs are in disagreement, if there are significant debts, if the deceased owned a business that needs to keep running during the process, or if other complications arise, an administered succession may be necessary.
In an administered succession, the court appoints an executor or administrator to manage the estate under judicial oversight. That role carries real legal responsibility. We represent executors, administrators, and heirs in administered proceedings — making sure fiduciary duties are met and that everyone’s interests are properly handled.
New Orleans estates can be complex. Historically significant properties, family businesses with long histories, real estate holdings across multiple parishes — we’ve handled them all. When things get complicated, having experienced attorneys in your corner matters.
Small Succession Affidavits
For smaller estates, Louisiana provides a quicker option: the small succession affidavit. This process is available when the deceased did not own immovable property — no real estate — the total estate is valued under $125,000, and at least 30 days have passed since the date of death.
When it applies, this is the fastest path available. We help New Orleans families determine whether they qualify, prepare the affidavit correctly, and ensure it’s accepted by banks, transfer agents, and other institutions that need to act on it.
Trust Administration
A well-designed estate plan often includes a revocable living trust, and when it does, most of the estate bypasses succession entirely. That’s a real benefit for New Orleans families — it means faster distribution, more privacy, and no court involvement.
But trust administration still requires careful work. The successor trustee has to gather assets, notify beneficiaries, pay legitimate debts, handle any ongoing property management, file necessary tax returns, and make final distributions according to the trust’s terms. Do it wrong and the trustee can face personal liability.
We guide New Orleans successor trustees through the full administration process — keeping things legally sound and moving forward efficiently.
How the Succession Process Works
Every estate is different, but most succession proceedings follow a predictable path. Here’s what to expect when you work with us:
- We start with a consultation to understand the estate — what was owned, who the heirs are, whether there’s a will, and what complications may exist
- We identify the appropriate type of succession proceeding
- We collect required documents — death certificate, will, property records, financial account information, and anything else the court needs
- We file the petition with the appropriate court
- We manage creditor notices and any required publication periods
- We prepare the judgment of possession, which formally recognizes the heirs’ rights to the property
- We help with the practical follow-through — retitling real estate, closing accounts, transferring vehicles, and distributing assets
We keep you in the loop at every stage. You’ll never wonder where things stand.
Common Questions New Orleans Families Ask About Succession
How long does succession take in the New Orleans area?
For a simple succession filed in Civil District Court for Orleans Parish, four to eight weeks is a reasonable expectation once all documents are in order. Jefferson Parish and St. Tammany Parish courts move on their own timelines, but the general range is similar. Administered successions take longer — often many months — depending on complexity and whether any disputes arise.
What if the estate includes property in multiple parishes?
This is common in the New Orleans metro area. A family might own a home in Orleans Parish, a camp in St. Tammany, and a commercial property in Jefferson. We coordinate filings across all relevant courts so nothing falls through the cracks.
Does everything go through succession?
No. Life insurance, retirement accounts, and bank accounts with named beneficiaries pass directly to those beneficiaries without succession. Property held in a trust also avoids succession. What goes through succession is primarily real estate titled solely in the deceased’s name and other assets without beneficiary designations.
What happens if we can’t find the will?
If no valid will exists, the estate passes intestate — Louisiana law determines who inherits based on the family’s structure. We help families navigate both situations, and we can search court records and notarial archives to determine whether a will was ever filed.
Who We Serve in the New Orleans Area
Our New Orleans office is at 629 Cherokee Street and serves families by appointment. Most initial consultations happen by Zoom or phone, which makes things easier during a time when travel may be the last thing on your mind. We regularly handle succession proceedings in:
- Civil District Court — Orleans Parish
- 24th Judicial District Court — Jefferson Parish
- 22nd Judicial District Court — St. Tammany Parish
- 34th Judicial District Court — St. Bernard Parish
- 25th Judicial District Court — Plaquemines Parish
- 29th Judicial District Court — St. Charles Parish
We also serve families throughout Louisiana on a statewide basis for complex matters and estates with property in multiple regions.
Why New Orleans Families Choose Legacy Estate & Elder Law
Our attorneys are board certified in Estate Planning and Administration by the Louisiana Board of Legal Specialization. That credential — held by fewer than one percent of Louisiana attorneys — reflects a level of expertise that is specifically relevant to succession work.
We have nearly 40 years of combined experience guiding Louisiana families through succession. We know Civil District Court. We know the surrounding parish courts. We know the procedural details that can slow things down if you don’t know to watch for them.
And we understand what this moment actually feels like for the families we serve. We move with care and with urgency, because your family deserves both. we’re here for. on getting it right…tell us is that we explain things clearly, we’re easy to reach, and we treat their plan like it matters. That’s how we’ve built our reputation — and how we intend to keep it.