Louisiana Petition For Possession by Decedent's Spouse

State:
Louisiana
Control #:
LA-EW-112
Format:
PDF
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Petition For Possession by Decedent's Spouse
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FAQ

Once the succession has gone through Louisiana estate administration (if required), the Louisiana succession attorney will prepare a Petition for Possession and other documents needed to close the succession. The attorney then presents these documents to the court and obtains a Judgment of Possession.

Court costs for Louisiana successions can range from $250 to $500 depending on parish. If any issues are apparent or litigation is necessary, the cost could easily go higher.

Maximum $125,000 (CCP 3421 Small Successions Defined) Laws CCP 3432. Step 1 Write in the full name of the person who died. Step 2 Write in the State and County or Parish in which the decedent resided at the time of death. Step 3 Write in the names of the two people signing the petition.

Succession costs for smaller estates with cooperative heirs will typically range from $1,500.00 to $3,000.00. Succession costs for larger estates that require administration will typically range from $5,000.00 up to $15,000.00 depending on what needs to be done.

In Louisiana, your children are forced heirs if, at the time of your death, they have not attained age 24. Children of any age, who because of mental incapacity or physical infirmity, are permanently incapable of taking care of their person or administering their estate at the time of your death are also forced heirs.

In others, they can direct that a portion of their estate can pass outside of the forced heirship rules as long as a portion is left to protected heirs. Forced heirship can be avoided in some countries by establishing trusts or foreign corporations to own property.

If a person dies without a valid Last Will and Testament in Louisiana, he or she is said to have died intestate. His or her estate will be handled by intestate succession. This means that the deceased person's assets will be distributed under Louisiana intestate law.

Maximum $125,000 (CCP 3421 Small Successions Defined) Laws CCP 3432. Step 1 Write in the full name of the person who died. Step 2 Write in the State and County or Parish in which the decedent resided at the time of death. Step 3 Write in the names of the two people signing the petition.

An heir is a person who is legally entitled to collect an inheritance, when a deceased person did not formalize a last will and testament. Generally speaking, heirs who inherit the property are children, descendants or other close relatives of the decedent.

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Louisiana Petition For Possession by Decedent's Spouse