Draw On Legal Louisiana Probate Forms For Free

Testate successions occur when there is a valid will. Testate successors are called ?legatees.? When the succession is intestate, the Louisiana Civil Code determines who inherits the decedent's estate. If the decedent died testate, the will governs who inherits the decedent's estate, assuming the will is valid.

Generally, a decedent's estate goes through succession or probate in Louisiana if the estate is worth $125,000 or more, regardless of whether the decedent died with a will (testate) or without a will (intestate).

You can absolutely prepare all of the probate forms yourself and do this on your own. Some states may require a lawyer for submitting them to probate court, but Louisiana doesn't. A lawyer will save you time and headaches. A lawyer can make sure you don't make big tax mistakes or miss any deadlines.

You must file a Petition for Possession with the court. The petition must include information such as the decedent's date of death, domicile at the time of death, and whether the succession is testate (i.e., with a will) or intestate (i.e., without a will).

In either event, one of the decedent's heirs (anyone who stands to inherit something from them), or one of the decedent's creditors, will petition the court to ?open? the succession. In a testate succession, the petitioner will have to present and ?probate? (or prove the validity of) the will.

In some cases, the process is simple, but in other cases, it can get very complicated very quickly. In all but the simplest situations, you should work with a succession attorney to ensure that the process is as efficient as possible and that, as an heir, your rights are protected.