New Orleans Succession Lawyer 

Schedule a confidential consultation with an experienced New Orleans succession lawyer.

If someone dies in Louisiana, their estate doesn’t sort itself out. Louisiana uses a different process than the rest of the country, one that’s rooted in a civil law tradition that dates back centuries. If you’re the family member who has to navigate all of this, you need an attorney who understands how the system actually works in Orleans Parish.

At Theus Law Offices, our New Orleans, LA succession lawyer has been guiding Louisiana families through the succession process for over 29 years. We offer free consultations, handle most cases on a flat-fee or hourly basis, and explain the process and costs before any work begins. Call our office to schedule a meeting.

Succession Lawyer New Orleans, LA

A succession lawyer handles the legal work of transferring a deceased person’s property to their heirs. That includes filing the correct petition with the court, getting the will admitted (if one exists), identifying heirs and assets, resolving debts, and obtaining a Judgment of Possession that makes the transfer official and legally enforceable.

In Louisiana, this process runs on a set of rules that other states don’t use. Forced heirship can override a will’s instructions. Community property classifications shape who inherits and how much. The two valid will forms in Louisiana, notarial and olographic, have specific requirements that don’t exist elsewhere. A succession attorney in New Orleans who works inside this framework regularly will anticipate problems before they become expensive.

Types of Succession Cases We Handle in New Orleans

No two successions are identical. The complexity of the case depends on what the decedent owned, whether they left a valid will, and whether the family agrees on how to proceed. Below are the types of succession matters we handle for New Orleans families.

• Testate succession. The decedent left a will. We file it with the Orleans Parish Civil District Court, petition for probate, and pursue the Judgment of Possession. When the will is properly executed and the heirs cooperate, these cases move through the system relatively quickly.
• Intestate succession. No will exists. Louisiana’s default inheritance rules control, and those rules depend on whether property is community or separate and on the family structure. The outcome is often different from what the family assumed.
• Small succession affidavit. Louisiana allows a simplified procedure for estates valued at $125,000 or less. Heirs file an affidavit rather than going through a full judicial proceeding. We prepare these for qualifying estates.
• Administered successions. When the estate needs active management, the court appoints a succession representative. Selling property, running a business, paying off creditors: all of this falls to that person. We represent executors and administrators throughout the process.
• Will contests. Challenges to a will’s validity happen for various reasons. Lack of testamentary capacity, undue influence, fraud, or defective execution under Louisiana’s strict requirements can all give rise to a dispute. These cases add time and cost to the succession.
• Ancillary succession. When someone from another state owned property in Louisiana, a separate succession must be filed here alongside the primary proceeding in their home state. We handle these cases for out-of-state families with property in Orleans Parish and beyond.
• Trusts. Trust assets generally bypass the succession process, but the successor trustee still has legal obligations: distributing property, notifying beneficiaries, and filing tax returns on behalf of the trust.
• Estate planning to avoid succession. After experiencing the process firsthand, many families want to structure their own affairs so their heirs don’t face the same thing. We create revocable trusts and other instruments that allow assets to pass without court involvement.

Why Choose Theus Law Offices as My Succession Lawyer in New Orleans, LA?

Board Certified with Nearly Three Decades of Louisiana Succession Experience

J. Graves Theus, Jr. founded Theus Law Offices and has practiced law since 1997. He holds Board Certifications in Estate Planning & Administration and Tax Law from the Louisiana Board of Specialization. His education includes a B.A. in Economics from Tulane University, a J.D., cum laude, from Gonzaga University School of Law, and an LL.M. in Tax from Boston University School of Law.

The Board Certification in Estate Planning & Administration speaks directly to succession work. It means Mr. Theus has demonstrated the level of proficiency Louisiana requires to carry that designation. The tax certification matters just as much in practice. Successions regularly involve questions about federal estate tax filing, portability elections, the income tax treatment of inherited assets, and whether certain trust structures trigger their own tax obligations. Having both certifications allows our firm to handle the legal and tax dimensions of every case in one place. Mr. Theus is a member of the Louisiana State Bar Association and has served on both the Tax Specialization Advisory Commission and the Estate Planning & Administration Advisory Commission.

If you also need an estate planning lawyer in New Orleans, LA to address your own planning, we handle that work alongside succession cases.

Free Consultations and Upfront Fees

We provide free initial consultations for succession matters. Straightforward cases with cooperative heirs are typically handled on a flat fee. More complex cases involving disputes, administration, or multiple properties may be billed hourly. Either way, we explain the fee structure during the consultation, before you make any commitment. Our firm serves New Orleans, LA clients from our Louisiana offices and handles succession cases statewide.

What Is Important To Understand About Succession Cases?

Property Classifications, Forced Heirship, and the Judgment of Possession

A Louisiana succession is built on a set of legal concepts that don’t exist in most other states. Understanding them helps families prepare for what’s ahead.

• Community vs. separate property. Assets acquired during a marriage are generally community property. Everything else, including what each spouse owned before the marriage and what they received by gift or inheritance during it, is separate. The classification determines inheritance rights.
• Forced heirship. Children under 24 at the time of the parent’s death, and children of any age who are permanently incapable of caring for themselves, are forced heirs. They are entitled to a share of the estate, regardless of the will. The forced portion is one-quarter for a single forced heir and one-half for two or more.
• Two valid will forms. Louisiana accepts only notarial testaments and olographic testaments. A notarial will is typed and executed before a notary and two witnesses. An olographic will must be handwritten entirely by the testator, dated, and signed.
• The Judgment of Possession. This court order formally transfers the decedent’s property to the heirs. Without it, heirs cannot sell, refinance, or legally control inherited assets.
• Estate debts. Creditors must be satisfied from the estate before assets can be distributed. Heirs are generally not personally liable for the decedent’s debts, but the estate itself is.

What Are Important Aspects of a Succession Case?

Whether a succession is simple or complicated depends on a handful of practical realities.

The most significant factor is the will. A clear, properly executed notarial will that accounts for forced heirship can streamline the entire case. An olographic will with legibility issues or missing elements creates problems immediately. And the absence of any will at all shifts the entire proceeding into intestate succession, where Louisiana law, not the decedent’s preferences, determines the outcome.

Asset complexity is the second major driver. A case involving one house and a checking account is very different from one involving rental properties, a family business, retirement accounts at multiple institutions, and a vehicle titled in two names. The more assets, and the more types of assets, the more legal work required.

Family cooperation matters enormously. When heirs agree, the succession can move in weeks. When they disagree about the executor, the will’s validity, or how things should be divided, the case can stall for months or longer.

What Is the Succession Case Timeline?

The range is wide, because the variables are wide.

• Small succession affidavits for qualifying estates can be done in two to four weeks.
• Uncontested simple successions typically take 30 to 90 days from filing to the Judgment of Possession.
• Administered successions run three to nine months, depending on the scope of the estate and what needs to happen with the assets.
• Contested successions with will challenges or family disputes can take a year or longer.

The court docket in Orleans Parish and the speed at which families produce required documents also affect how long the process takes.

What Should You Bring to Your Succession Consultation?

Arriving prepared lets us give you a realistic assessment from the start.

• The original will, or a copy if the original hasn’t been found
• A certified death certificate
• A list of the decedent’s assets: real estate, bank accounts, investments, retirement accounts, vehicles, and life insurance
• Information on debts, mortgages, or liens
• Names and contact information for all known heirs

We review everything during the free consultation and explain which type of succession applies, the likely timeline, and what the fees will be.

What Are Important Louisiana Legal Resources for Succession Cases?

Louisiana’s succession laws are governed by the Civil Code and Code of Civil Procedure. These resources offer general information for New Orleans residents.

• The Louisiana Civil Code contains the statutes covering successions, wills, forced heirship, and property classification.
• The IRS estate tax page provides federal estate and gift tax filing requirements and exemption thresholds.
• The Orleans Parish Civil District Court handles succession cases in Orleans Parish through its specialized Successions Docket.
• The Social Security Administration publishes information on survivor benefits, which are often coordinated alongside the succession timeline.
• The Administration for Community Living provides federal resources for older adults and families managing aging-related transitions.

Reach Out to Theus Law Offices to Schedule a Consultation

If you need to open a succession, settle a family member’s estate, or resolve a will dispute in New Orleans, we are here to help. Theus Law Offices provides free consultations for succession matters, and we explain all fees before any work begins. Contact us to schedule a meeting with a New Orleans succession attorney.

Succession Statistics in New Orleans

Orleans Parish has a population of approximately 362,700 according to U.S. Census data. The parish’s aging population, combined with New Orleans’s high rate of property ownership and the complexity of Louisiana succession law, means a steady volume of succession cases moves through the Civil District Court each year.

National data shows that roughly two out of three American adults don’t have a will. For New Orleans families, the absence of a will means the estate enters intestate succession, where Louisiana’s community property rules and forced heirship provisions determine the outcome. Court filing fees for a simple succession in Louisiana typically range from $250 to $600, and total costs including attorney fees generally fall between $2,500 and $10,000. Uncontested successions may be done in as little as 30 days. Administered or contested cases can take six months to over a year.

What Steps Should I Take After a Loved One’s Death?

The days after losing a family member are overwhelming. Legal paperwork is the last thing on most people’s minds. But certain steps need to happen relatively quickly to protect the estate and the rights of the heirs. Below is a practical sequence for New Orleans families.

1. Obtain certified copies of the death certificate. You will need multiple copies. Banks, insurance companies, retirement account custodians, and the court all require certified originals. Order at least 10 from the funeral home or the Louisiana Vital Records office.

2. Locate the will. Check the decedent’s home, safe deposit box, and files. Contact their attorney if they had one. If no will is found, the estate will pass through intestate succession under Louisiana’s default rules.

3. Secure the decedent’s property. Lock up the home. Collect mail. Make sure vehicles, valuables, and financial documents are accounted for. Insurance coverage on real property and vehicles should remain in force.

4. Contact a succession attorney. The sooner you consult with a lawyer, the sooner you’ll understand which type of succession applies and what the process will look like. Theus Law Offices provides free consultations for these matters.

5. Notify financial institutions. Banks, brokerage firms, and retirement account custodians need to be notified of the death. They will typically freeze accounts until they receive a certified death certificate and, eventually, the Judgment of Possession.

6. Identify all heirs. This includes all potential legal heirs under Louisiana law, not just the people named in the will. Forced heirs must be accounted for even if the will doesn’t mention them.

7. Inventory assets and debts. Create a list of everything the decedent owned and everything they owed. Real estate, vehicles, bank accounts, retirement accounts, life insurance, credit card debt, mortgages, and medical bills all need to be accounted for.

8. File the succession petition. Your attorney will prepare and file the petition with the Orleans Parish Civil District Court. If a will exists, it gets submitted for probate at the same time.

9. Settle debts and pay taxes. The estate must pay the decedent’s outstanding obligations before any assets are distributed. This includes final income taxes, any estate tax obligations, and creditor claims.

10. Obtain and record the Judgment of Possession. Once debts are resolved and heirs are identified, the court issues this order. For real estate, the judgment must be recorded in the Orleans Parish conveyance records before the heirs can sell, mortgage, or transfer the property.

New Orleans Succession Lawyer FAQs

How much does a succession cost in New Orleans?

We handle some successions on a flat fee and others hourly, depending on the complexity. Court filing fees in Orleans Parish run $250 to $600 for most cases. Total costs including attorney fees generally range from $2,500 to $10,000. Contested matters can run higher. We discuss all fees during the free consultation.

What is the difference between probate and succession?

There is no practical difference. “Probate” is the term used in the rest of the country. “Succession” is Louisiana’s term. Both describe the legal process for settling a deceased person’s estate through the courts.

How long does a succession take in New Orleans?

Uncontested successions can be completed in 30 to 90 days. Administered successions take three to nine months. Contested cases can stretch beyond a year. The small succession affidavit process, for estates under $125,000, typically takes two to four weeks.

Do all estates require a succession?

No. Estates under $125,000 may use a small succession affidavit. Trusts, retirement accounts with named beneficiaries, and life insurance policies with designated payees transfer outside the succession process entirely.

What happens if there’s no will?

Louisiana’s intestate succession laws control the estate. Who inherits depends on whether the property was community or separate and on the surviving family members. Children generally come first, but the surviving spouse’s rights vary based on property classification.

Can a will be challenged in Louisiana?

Yes. Grounds include lack of testamentary capacity, undue influence, fraud, or improper execution. Louisiana’s two valid will forms each have specific requirements, and failure to comply with them can invalidate the document.

What does a succession representative do?

The executor manages the estate under court supervision. Responsibilities include collecting assets, paying debts and taxes, filing required court documents, and distributing property to heirs. The role carries personal liability for errors.

Is the initial consultation free?

Yes. We provide free consultations for succession matters. We review your situation, explain the process, and outline the costs before any commitment.

What is forced heirship?

Louisiana law prevents parents from fully disinheriting children under 24 or children of any age who are permanently incapable of caring for themselves. These forced heirs are entitled to a portion of the estate regardless of the will’s terms.

Can I handle a succession without an attorney?

For a small succession affidavit, some families proceed on their own. But for full judicial successions, especially those involving real estate, multiple heirs, or any disagreement, legal representation is strongly recommended. Mistakes in the filings can create title defects that persist for years.

Local Information for New Orleans Succession Cases

Orleans Parish Courts and Succession Resources

Succession cases in New Orleans are filed with the Orleans Parish Civil District Court at 421 Loyola Avenue, New Orleans, LA 70112. All succession cases go through Docket 1, the Successions Department. The Orleans Parish Clerk of Court maintains all civil filings and provides public access to case records.

What Are Important Local Resources for New Orleans Succession?

• Orleans Civil District Court – (504) 592-9100. Handles all succession and probate matters in Orleans Parish through the specialized Successions Docket.
• Orleans Clerk of Court – (504) 407-0000. Maintains succession filings, conveyance records, and civil case records for Orleans Parish.
• GOEA Caregiver Resources – (225) 342-7100. The Governor’s Office of Elderly Affairs provides statewide aging and caregiver support services.

Listing these resources does not constitute an endorsement by Theus Law Offices. Contact each organization directly to confirm services and availability.

About Theus Law Offices

Theus Law Offices has guided Louisiana families through successions for 29 years. Founder J. Graves Theus, Jr. holds dual Board Certifications in Tax Law and Estate Planning & Administration. He has served on advisory commissions for the Louisiana State Bar Association, including as President of the Tax Specialization Advisory Commission. Beyond succession work, the firm handles estate planning, trusts, elder law, and Medicaid planning across Louisiana.

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Contact Theus Law Offices

If you need to open a succession, settle an estate, or address a will dispute in New Orleans, LA, Theus Law Offices is here to help. We provide free consultations for succession matters and explain all fees before any work begins. Our office is responsive and serves clients across Louisiana. Contact us to schedule a consultation with a New Orleans succession lawyer today.