The cost and duration of probate can vary substantially depending on a number of factors such as the value and complexity of the estate, the existence of a Will and the location of real property owned by the estate. Will contests or disputes with alleged creditors over the debts of the estate can also add significant cost and delay. Common expenses of an estate include executors fees, attorneys fees, accounting fees, court fees, appraisal costs, and surety bonds. After consultation with one of our attorneys, we will be able to give you some idea of the probate costs, taking into account the unique aspects of each case. Most estates are settled though probate in about 9 to 18 months, assuming there is no litigation involved.
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We understand the multifaceted challenges you face when dealing with probate and estate administration. Our dedicated team is committed to providing comprehensive support and effective solutions tailored to your unique situation.
Understanding Succession and Estate Administration in Houma and Terrebonne Parish
When someone passes away, his or her family must often go through a legal process called succession. In essence, it involves the Louisiana courts transferring the deceased person’s property and money to the individuals, charities, or other parties named in their will. If the person died intestate (without a will), the assets will be distributed according to the rights of succession set forth in Louisiana law.
At the law firm of Damon J. Baldone & Associates, we are available to open succession proceedings and handle all aspects of the estate administration process. Our Houma and Terrebonne Parish estate planning lawyer has 20 years of legal experience and could help you understand your rights during an otherwise confusing and difficult time.
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Meet Our Founder and Learn About Our Success
Damon is a lifelong resident of Houma, Louisiana. He graduated in 1982 from Vandebilt Catholic High School. He then received a B.S. in Biology in 1986 from Nicholls State University. As a graduate student, he taught Biology lab and worked in the genetics lab at Louisiana State University. He taught Mathematics at Nicholls State University before spending one-year teaching sciences at Henry Ford Junior High School. Damon then found his true passion in law, graduating with his Juris Doctorate in 1992 from Southern University Law Center, and has practiced law for over 30 years.
He has served his community by being a former State Representative and Public Service Commissioner involved in the Houma-Terrebonne Chamber of Commerce, the Thibodaux Chamber of Commerce, the Terrebonne Association for Retarded Citizens (TARC), The Barataria-Terrebonne Estuary Foundation, the Knights of Columbus, the Houma-Thibodaux Apartment Association, St. Joseph’s Italian Society, Restore and Retreat, South Central Industrial Association (SCIA), and is a parishioner of St. Francis church.
He has volunteered with United Way, American Cancer Society, the American Heart Association, and Relay for Life. Nationally he was involved with the National Council of State Legislatures, the American Legislative Exchange Council and the National Apartment Association.
In his free time, Damon is an avid outdoorsman as well as a pilot.
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Understanding Probate and Estate Administration Law
How Does Probate Administration Work in Louisiana?
The probate process in Louisiana process usually starts with filing a Last Will and Testament with the court of appropriate jurisdiction. Probating a Will in Louisiana isn’t as simple as just recording the Will. 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.
What are the Qualifications of an Executor in Louisiana?
An Executor in Louisiana must be at least 18 years old and not otherwise “disqualified.” An executor is disqualified from serving if they are:
- interdicted or mentally incompetent
- a convicted felon
- a non-resident of the state of Lousiana, unless a registered agent has been appointed in the state of Louisiana
- a corporation not authorized to perform duties of the office in the state of Louisiana
- a person of “bad moral character.”
Litigation over the qualifications of an executor often centers on allegations of “bad moral character,” which is not a defined term in Louisiana law. A Louisiana judge has a tremendous amount of discretion in determining what may constitute “bad moral character.”
Does Louisiana require a Succession when the first spouse passes away?
Yes, as a general rule, Louisiana requires a Succession anytime a person passes away with assets in his or her name and have not made legal arrangements to avoid probate. For those individuals who have no will and own property or assets as community property (acquired during the marriage and not part of an inheritance), the surviving spouse will be entitled to the exclusive use and enjoyment of the community property but still must open the Succession proceeding as soon as practicable after the death of the spouse.
What is a Will?
The document a person signs to provide for the orderly disposition of assets after death. Wills do not avoid a Succession. Wills have no legal authority until the willmaker dies and the original will is delivered to the Succession Court. At a minimum, most lawyers advise having at least a will but many individuals find having a Will and Trust fits their situations best in establishing an Estate Plan.
What is a Living Will?
Sometimes called an Advance Medical Directive, a living will allows you to state your wishes in advance regarding what types of medical life support measures you prefer to have, or have withheld/withdrawn if you are in a terminal condition (without reasonable hope of recovery) and cannot express your wishes yourself. Oftentimes a living will is executed along with a Durable Power of Attorney for Health care, which gives someone legal authority to make your health care decisions when you are unable to do so yourself.
What is a Succession or Probate?
A Succession is the court supervised process that a surviving spouse or a deceased person’s children or relatives must go through when a person passes away with assets in his or her name and have not made legal arrangements to avoid probate. The term Succession is an uniquely Louisiana term which can be correlated with the term “Probate” in other states. Succession proceedings can be expensive and time-consuming. Additionally, the court proceeding and associated documents are all a matter of public record. Many people choose to avoid probate in order to save money, spare their heirs a legal hassle, and keep their personal affairs private.
How much does probate cost? How long does it take?
What happens if someone objects to the Will?
An objection to a Will, also known as a “Will contest” is a fairly common occurrence during the probate proceedings and can be incredibly costly to litigate.
In order to contest a Will, one has to have legal “standing” to raise objections. This usually occurs when, for example children are to receive disproportionate shares under the Will, or when distribution schemes change from a prior Will to a later Will. In addition to disputes over the tangible distributions, Will contests can be a quarrel over the person designated to serve as Executor.
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