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If you own real estate located in another state, a revocable trust can help avoid an ancillary probate proceeding in that state. Likewise if you own real estate in Louisiana and move to another state, placing the Louisiana real estate in a revocable trust can avoid going through probate in Louisiana.
In order to obtain letters testamentary in Texas, the probate court must approve the will and determine the qualification of the executor. To do this, the executor must file an application with the appropriate county court with the original will within four years of the decedent's death.
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).
Letters testamentary are documents that a probate court delivers to the executor of the deceaseds estate to enforce the terms of the deceased persons will. A court can issue letters testamentary only to persons who are chosen as an executor in a will.
Many probates will cost a minimum of $5,000. There are some probate fees that most estates will need to pay. These can include some or all of the following: Various filing fees and court costs.
Ing to Louisiana inheritance laws, if you die with a will and the estate has a value greater than $125,000, surviving spouses and children must undergo probate.
The Estate Settlement Timeline: There is no specific deadline for this in Louisiana law, but it is generally best to do so within a month to ensure a smooth start to the probate process. Inventorying the Estate: Once the will has been submitted, the executor must compile a thorough inventory of the deceased's assets.
A Petition for Probate must be prepared to request the Court to open a Succession, which is given a Docket Number like a civil lawsuit. A court Order is issued admitting the Will to probate and an Executor is appointed with responsibility for administering the estate.