ANCILLARY PROBATE IN LOUISIANA
Louisiana Ancillary Probate
Theus Law Offices is home to experienced Louisiana Ancillary Probate Attorneys. The Theus Law Team is here to make the process happen as quickly and easily as possible. If you need to open an Ancillary Succession in Louisiana in any Parish, or you have questions about the ancillary probate process, contact us now to schedule a free consultation, or follow our scheduling link for a Free 15-Minute Call with an experienced Louisiana Ancillary Succession Lawyer. To get the process started quickly, please download and return our Probate Worksheet.
What is a Louisiana Ancillary Succession?
Only Louisiana courts have jurisdiction over real estate located in Louisiana. When a non-resident of Louisiana dies owning real estate located in Louisiana, an ancillary probate is required in the state of Louisiana.
The term “ancillary probate” is referred to as an “ancillary succession” in Louisiana. Louisiana ancillary probate and ancillary succession mean the same thing and are used interchangably.
An ancilliary probate must be opened in a parish where the non-resident owned real property (referred to as “immovable property) in Louisiana.
Louisiana Ancillary Probate Proceedings
Louisianan ancillary probate proceedings are very similar to a normal probate with a few exceptions:
- Normally, the original Last Will and Testament would be admitted to probate in the non-resident’s home state. An authenticated or exemplified copy of the out-of-state Will is admitted to probate in Louisiana in lieu of the original.
- A non-resident of Louisiana cannot be appointed as personal representative, administrator, or executor of the ancillary succession unless a registerred agent is appointed to accept service of process on behalf of the non-resident. Theus Law Offices routinely serves as registerred agent for non-resident personal represenatives, executives or administrators.
After the ancillary succession has been opened and a personal representative, executor, or administrator duly appointed and qualified, then normal probate proceedings would apply.
- Read more about The Probate Process in Louisiana
Is the Small Succession Affidavit Procedure Available for an Ancillary Probate?
A Small Successon Affidavit Procedure may be available to non-residents of Louisiana who died intestate (without a Will) or whose testament has been probated by a court of appropriate jurisdiction in another state. A small succession is defined as an estate with a gross value of less than one hundred twenty five thousand ($125,000.00) dollars. If the affidavit procedure is available, then an Affidavit in a certain form required by Louisiana law would be filed in the Conveyance Records of the Parish in which immovable property (real estate) is located in lieu of an ancillary probate.
Can a Foreign Will be Admitted to Probate in Louisiana?
A foreign Will is a Last Will and Testament executed under the laws of another state. An original foreign Will can be admitted to probate in Louisiana as long the foreign Will would be considered valid under the law of the state in which it was executed.
How Much Does a Lousiana Ancillary Probate Cost?
For uncontested matters, Theus Law Offices prefers to charge fixed fees for a number of reasons. First, no one likes to feel like they are on the clock and hourly rates could discourage you from sharing pertinent information, or leave you with a bad taste if you feel the matter could be handled more efficiently. We do not charge a percentage of the estate like some attorneys. Our fees are reasonable and fair.
If you would like a fixed fee quote, simply download and complete the Succession / Probate Worksheet (above) and return that to us at your convenience. Upon review, we will quote you a flat fee to the penny and if it makes sense to you, we will proceed with an engagement.
Protecting Everything You Own and Everyone You Love…
Whether you need a simple ancillary probate administration, or require additional legal assistance for a more complicated ancillary probate or a will contest in Louisiana, we provide comprehensive, experienced representation. Our Ancillary Estate Administration lawyers will guide you through the process with confidence and security.
Attorney J. Graves Theus, Jr. has been certified as a specialist in probate and estate administration by the Louisiana State Board of Legal Specialization. Theus Law Offices serves the entire State of Louisiana handling both small and large estates. In addition, Theus Law Offices has successfully litigated numerous contests involving wills and trusts.
If you have questions about an Ancillary Louisiana Succession, or any other ancillary probate topics, please contact our office to schedule a free consultation, or use the link below to schedule your Free 15-Minute Call with an experienced Ancillary Probate Lawyer in Louisiana.
J. Graves Theus, Jr. is the founding member of Theus Law Offices, and a fourth generation Louisiana lawyer with deep roots in the community. He received an LL.M. in Tax Law from Boston University School of Law in 1997, after graduating, cum laude, from Gonzaga University School of Law in 1996. Graves is licened to practice law in three states: Louisiana, Washington, and Alaska (a domestic asset protection jurisdiction). He is certified by the Louisiana State Board of Legal Specialization as a Specialist in Tax Law, as well as Estate Planning and Administration, and is an approved title agent. Graves is also accredited by the Veterans Administration to assist veterans with their pension claims.
As far as an attorney goes he has the utmost respect for his clients and professional at any time you are in his presence. Could not ask for a better person or an attorney! ~Dani