Serving clients in Shreveport succession matters with 29 years of combined legal experience across Louisiana.
If someone in your family has died and you’re trying to figure out what comes next for their property, their bank accounts, and their house, the answer in Louisiana is a legal proceeding called a “succession.” Louisiana’s succession laws come from the state’s civil law tradition, not the common law framework used in 49 other states.
In Louisiana, property gets classified as community or separate. Forced heirship rules can override what a will says. And even the kinds of wills Louisiana recognizes are limited to two specific forms. None of that is intuitive, and most families walking into this process for the first time don’t know where to begin. Our Shreveport, LA succession law firm has been guiding families through these cases for 29 years. We provide free consultations for succession matters and discuss all fees before any work starts. Call us to schedule a meeting.
Succession Law Firm Shreveport, LA
A succession attorney in Louisiana handles the legal work required to transfer a deceased person’s property to their heirs. That means filing the right petition, getting the will admitted to court (if one exists), identifying and appraising assets, settling debts, and obtaining the court order, called a Judgment of Possession, that makes the transfer official.
What makes this different in Louisiana is the underlying legal framework. The state’s forced heirship provisions give certain children a legal right to a share of the estate regardless of what the will says. Community property rules determine how much of a married couple’s assets actually belong to the estate versus the surviving spouse. A will that doesn’t meet Louisiana’s formal execution requirements can be thrown out entirely. A succession lawyer in Shreveport who handles these matters regularly will spot issues that could otherwise delay the process by months.
Types of Succession Cases We Handle in Shreveport
Not every succession looks the same. The type of proceeding you need depends on whether there’s a will, how much the estate is worth, what kinds of property are involved, and whether the heirs can agree. Below are the succession matters we handle for Shreveport families.
- Testate succession. The decedent had a valid will. We file it with the First Judicial District Court, petition for probate, and work toward the Judgment of Possession. When the will is clear and the heirs cooperate, these cases move through the court relatively fast.
- Intestate succession. There is no will. Louisiana’s default rules determine who inherits, and those rules depend heavily on whether the property was community or separate. Surviving spouses, children, parents, and siblings may all have claims, and the proportions aren’t always what families expect.
- Small succession affidavit. For estates valued at $125,000 or less, Louisiana allows a simplified process. Rather than a full judicial proceeding, the heirs file an affidavit with the Clerk of Court. We handle the preparation and filing, and qualifying cases can wrap up in a matter of weeks.
- Succession. When the estate requires hands-on management, such as selling real estate, winding down a business, or resolving creditor claims, the court appoints a succession representative. We advise executors and administrators on their obligations and represent them throughout the case.
- Will contests. Sometimes heirs challenge whether a will is valid. The grounds might be a lack of capacity, undue influence, fraud, or a failure to meet Louisiana’s execution requirements. These are adversarial proceedings, and they can extend the succession significantly.
- Ancillary probate. If the decedent lived outside Louisiana but owned property here, a separate succession must be filed in the Louisiana parish where the property sits. We represent out-of-state families in ancillary proceedings in Caddo Parish and across the state.
- Trust administration. Assets held in a trust typically bypass the succession process. The trustee still has legal duties, though, including distributing property according to the trust’s terms, notifying beneficiaries, and filing applicable tax returns.
- Estate planning. Families who have seen how the succession process works often want to set up their own affairs so their heirs can avoid it entirely. We create revocable trusts and other estate planning instruments designed to keep assets out of court.
Why Choose Theus Law Offices as My Succession Law Firm in Shreveport, LA?
Dual Board Certifications in Estate Planning and Tax Law
Founder J. Graves Theus, Jr. has practiced law since 1997 and holds Board Certifications in Estate Planning & Administration and Tax Law from the Louisiana Board of Specialization. He completed his J.D., cum laude, at Gonzaga University School of Law and went on to earn an LL.M. in Tax from Boston University School of Law. His undergraduate degree in Economics is from Tulane University.
Tax questions come up in succession cases more often than most people realize. Whether the estate needs a federal estate tax return, whether a portability election makes sense, how inherited property should be reported for income tax purposes: these are real issues that arise in ordinary Louisiana successions, not just wealthy ones. Mr. Theus’s background means the firm addresses the legal procedure and the tax picture at the same time. He’s been a member of the Louisiana State Bar Association since 1999 and served as President of the Tax Specialization Advisory Commission.
Free Consultations and Clear Fee Structure
We offer free initial consultations for succession cases. Fee arrangements vary with the complexity of the estate. Straightforward successions with cooperative heirs are often handled on a flat fee. Cases that involve administration, disputes, or more complicated property structures may be billed hourly. We explain the fee structure during the consultation, before any engagement begins. If you are also looking for an estate planning lawyer in Shreveport, LA to put proactive plans in place for your own family, we handle that work too. Our firm serves Shreveport clients from our Louisiana offices and handles succession matters statewide.
What Is Important To Understand About Succession Cases?
How Testate and Intestate Successions Work in Louisiana
The path a succession takes depends almost entirely on whether the decedent left a valid will.
In a testate succession, the will controls how property is distributed, within limits. Louisiana recognizes two valid forms: the notarial testament (typed, signed before a notary and two witnesses) and the olographic testament (written entirely in the testator’s handwriting, dated, and signed). Any other format is invalid. If a will fails to meet these requirements, it cannot be probated, and the estate passes as though no will existed.
In an intestate succession, Louisiana’s Civil Code dictates who inherits. The rules depend on the family structure and property classification. Children generally inherit before all other family members, but the surviving spouse’s rights differ depending on whether the property was community or separate. Parents and siblings have claims too, in certain configurations.
In both scenarios, forced heirship comes into play. Louisiana requires that children under 24, and children of any age who are permanently incapable of caring for themselves, receive a minimum portion of the estate. That requirement exists regardless of what the will says. A will that ignores it is vulnerable to challenge.
What Are Important Aspects of a Succession Case?
A few key variables determine whether a succession will be simple or complicated. The first is whether a valid will exists and whether it was executed correctly. A well-drafted notarial will that accounts for forced heirship typically streamlines the process. An olographic will that is missing a date or partially typed can create problems before the case even gets started.
The nature of the assets matters just as much. A single home and one bank account are straightforward. Rental property, a business interest, mineral rights, retirement accounts at multiple institutions, and vehicles titled in various ways all add layers of complexity and cost.
When heirs agree on who should serve as executor and how the property should be distributed, the case moves forward. When they disagree, the succession can become contested, and contested successions are slow, expensive, and emotionally taxing. Outstanding debts, property in parishes other than Caddo, and questions about community versus separate ownership add further considerations.
What Is the Succession Case Timeline?
Timelines in Louisiana range widely.
- Small succession affidavits can be resolved in two to four weeks for qualifying estates under $125,000.
- Simple uncontested successions usually take 30 to 90 days from filing to the Judgment of Possession. These involve a clear will, cooperative heirs, and assets that don’t require administration.
- Administered successions run three to nine months. Inventory, appraisal, debt negotiation, and court oversight of the executor’s actions all take time.
- Contested successions with will disputes or disagreements among heirs can stretch past a year. Motions, depositions, and potential trial add months to the process.
How quickly the family gathers documents also affects the timeline. So does the court’s docket in Caddo Parish.
What Should You Bring to Your Succession Consultation?
Bringing documents to the first meeting allows us to give you a clear picture of the process and cost right away.
- The original will, if one exists, or a copy if the original hasn’t been located
- A certified death certificate
- A list of the decedent’s assets: real property, bank accounts, investments, retirement accounts, vehicles, and life insurance
- Information about debts and obligations such as mortgages, medical bills, or liens
- Names, addresses, and contact information for all known heirs
We review these documents 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 framework is governed by the Civil Code and the Code of Civil Procedure. The resources below are useful starting points for Shreveport residents looking for general information about the process.
- The Louisiana Civil Code contains the statutes governing successions, wills, forced heirship, and property classification.
- The IRS estate tax page provides federal estate and gift tax filing thresholds, requirements, and current exemption amounts.
- The Caddo Clerk web inquiry page provides online access to succession filings, conveyance records, and civil case information.
- The Social Security Administration provides information on survivor benefits, which often need to be coordinated alongside the succession process.
- The GOEA (Governor’s Office of Elderly Affairs) administers aging services and caregiver resources across Louisiana.
Reach Out to Theus Law Offices to Schedule a Consultation
If you need to open a succession, settle a family member’s estate, or address a dispute involving a will in Shreveport, Theus Law Offices can help. We offer free consultations for succession matters and explain all fees before any work begins. Contact us to schedule a meeting with a Shreveport succession attorney.
