Estate Planning

When a Loved One Dies in Louisiana - What To Expect

By Myrna Arroyo

The death of a loved one can be a very difficult and emotional time.  I have developed this information to provide you (and other survivors) with some idea of what normally must be done to administer an estate in Louisiana after a loved one has passed away.  Please note that although this list is intended to give you an understanding of the estate administration process, it is not a substitute for competent legal advice.

Immediate Concerns. (Immediate concerns typically relate to arranging Funeral or Memorial Services and determining the immediate needs of the survivors.)

• Arrange for care of minors or family members who are unable to care for themselves

• Arrange for Funeral and/or Memorial Services

• Arrange for care of pets or farm animals

• Determine the immediate needs of survivors such as cash needs

• Stop the mail, newspapers and other deliveries as appropriate

•  Locate and provide safekeeping for business and personal assets

• Locate and provide safekeeping for documents and records

Starting the Probate or Succession Proceeding.  (Probate is the legal name of the process of transferring property ? the ?estate? ? from a person who has passed away to the beneficiaries named in his or her Will.  Succession is the legal term used for this process if the person who passed away did not leave a will.)

• Locate any Wills and/or Trusts (if any)
• Select an attorney to represent the estate
• Collect names, addresses and phone numbers of the beneficiaries and immediate family
• Collect asset and debt information

 The Legal Process of an Estate Administration.  (After you have selected an attorney, he or she will handle any necessary legal filings with the Court and as such much of the following list will be done by, or at the direction of, the attorney 

• Obtain Affidavits of Death and Heirship

• Prepare and file the Petition for Probate or Open Succession

• Determine the need for Ancillary Probate (for out of state property)

• Prepare and file an Descriptive List of Estate Assets

• Determine the Need for Inheritance Tax or Federal Estate Tax Returns

• Obtain Judgment of Possession

• Distribute Assets

Typical Executor or Administrator Duties.  (The main duties of an Executor or Administrator include the collection of assets, the payment of debts and expenses, and other miscellaneous duties.  An Executor or Administrator should be careful regarding the payment of expenses as certain expenses are considered priority expenses which should be paid first.  This is especially important if there are not enough assets to pay for all of the administration expenses and debts.)  For more information on how to handle a succession proceeding in Louisiana, download our free information guide.

Full post as published by Louisiana Estate Planning on April 13, 2008 (boomark / email).