When a loved one passes away, their estate must go through a legal process to distribute assets and settle debts. A Shreveport probate lawyer helps families manage this transition during an already difficult time. At Theus Law Offices, we work with clients to handle estate administration matters efficiently and compassionately.
Estate Administration
Estate administration refers to the complete process of managing and distributing a deceased person's assets according to their will or state law. This process involves identifying all property owned by the decedent, paying outstanding debts and taxes, and transferring remaining assets to beneficiaries. We guide personal representatives through each step, from filing initial paperwork with the court to obtaining final approval for distribution. The timeline varies depending on the estate's complexity, creditor claims, and whether any disputes arise among heirs. Proper administration protects the personal representative from personal liability while honoring the decedent's wishes.
Probate Court
The probate court oversees the legal process of settling an estate after someone dies. This specialized court validates wills, appoints personal representatives, and monitors the administration process to protect all parties involved. We file necessary documents with the probate court and represent clients during hearings when required. The court reviews accountings, approves asset distributions, and resolves disputes that may arise during administration. Not all assets must pass through this court system—some property transfers automatically through beneficiary designations or joint ownership arrangements. We help families determine which assets require court supervision and which can transfer through other mechanisms.
Executor Duties
The executor, also called a personal representative, carries significant responsibilities in managing an estate. This person must locate and secure all assets, notify creditors and beneficiaries, pay valid debts and taxes, maintain property during administration, and distribute remaining assets according to the will or state law. We advise executors on their fiduciary obligations and help them avoid common pitfalls that could result in personal liability. The role requires careful record-keeping, timely communication with beneficiaries, and sound judgment when making decisions about estate property. Executors must act in the best interests of the estate and its beneficiaries, not for personal gain.
Will Validation
Will validation, formally known as proving a will, involves establishing that a document represents the decedent's true last wishes and meets all legal requirements. The court examines whether the testator had mental capacity when creating the document, signed it voluntarily without undue influence, and followed proper execution procedures with witnesses. We present evidence supporting the will's validity and respond to any challenges raised by interested parties. Louisiana law requires specific formalities for different types of wills, including holographic wills written entirely in the testator's handwriting and notarial wills executed before a notary and witnesses. Successfully validating a will allows the estate to proceed according to the decedent's stated intentions.
Succession Planning
Succession planning involves creating a comprehensive strategy for transferring wealth and property to the next generation or chosen beneficiaries. This planning goes beyond simply drafting a will—it includes considering tax implications, protecting assets from creditors, providing for minor children or dependents with special needs, and coordinating beneficiary designations on accounts and insurance policies. We help clients structure their estates to minimize court involvement, reduce transfer costs, and maintain privacy for their families. Effective succession planning addresses both immediate concerns and long-term goals, adapting as family circumstances and laws change over time.
If you need assistance with estate matters or have questions about the administration process, contact us to schedule a consultation. We're here to help your family through this important transition.
