How The Probate Process Works In Louisiana
After the death of a loved one comes the task of managing their estate and passing on assets to the appropriate relatives. While the amount of time this process takes differs from family to family, with guidance from an attorney, it can often go from a matter of years to a matter of weeks.
This process is known as “probate” — that is, the process of ensuring a will is valid and executable. Or, if a loved one dies without a will, your family must determine their probate and nonprobate assets, identify heirs and pass on assets in accordance with Louisiana state law.
Problems With Probate In Louisiana
At Walter D. White, A Professional Law Corporation, I have nearly four decades of experience helping local, hardworking families through the probate process. I often see two common scenarios that can lead to trouble when it comes time to probate a will or an estate.
1. A loved one dies without a will. Louisiana recognizes per stirpes as the default distribution if a loved one dies without a will, also known as dying intestate. This rule requires the careful, predetermined division of assets based on the number of children, grandchildren or other relatives of the deceased.
2. A will is out-of-date. I recommend that families update their will and estate planning documents every five years. Marriage, birth, death and divorce can all drastically change an estate’s distribution if it does not accommodate your family’s present structure.
How A Lawyer Helps
No matter if your loved one dies with or without a will, I am ready to serve your family with the compassion and care you deserve. When you meet with me at my Shreveport office, I will take the time to answer all of your questions so you understand the process, and then we will work together to tailor a plan that fits the exact needs of your family.