• Louisiana probate laws are different than those in other states.Louisiana state contour against blurred USA flag image by Stasys Eidiejus from Fotolia.com
  
  Louisiana state law, unlike other state laws, is not based on English common law, but on the old French legal system. Because of this fact, there are some marked differences between Louisiana state laws and those of other states. This is particularly noticeable in the area of probate law. Louisiana probate laws, which are called succession laws in the state, are important to anyone in Louisiana involved in estate planning.
  
  

Intestate Laws

• In intestate succession, there are certain criteria that will allow heirs to go into possession of a decedent's estate through an ex parte petition. These are: all of the competent heirs accept the succession and the succession is relatively free of debt, the surviving spouse takes control because all the heirs are incompetent and no legal representative is appointed, or the legal representative takes control because all of the heirs are incompetent.
  
  

Testate Laws

• In testate succession, there are certain criteria that will allow heirs to go into possession of a decedent's estate through an ex parte petition. These are: all legatees are competent or have legal representation, all legatees accept the succession and no debts or liens are outstanding against the estate. If a representative is named in the will, that person must join the petition. If that person is unwilling, however, he or she can sign an affidavit declining the position.
  
  

Steps in Handling a Succession

• First, heirs are identified.
  Second, the competence of the heirs is assessed.
  Third, any heirs that wish to are allowed to renounce the will.
  Fourth, the property of the estate is identified and assessed as community property or separate property (Louisiana is a community property state.)
  Fifth, a determination is made as to whether the property is taxable.
  Sixth, the property is valued (according to the value at the time of death).
  Seventh, any unpaid debts against the property, community or separate are revealed and paid. Eighth, the inheritance tax return is filed.
  Lastly, the petition for possession is filed along with any other documents.
  
  

Determining Heirs

• Intestate rules for determining heirs are dependent upon whether the estate was community or separate property. Descendants of the decedent's estate inherit the separate property and half of the community property, unless there is a surviving spouse.That spouse can then put up a "usufruct" which allows them to keep the inheritance until remarriage or death. Testate rules for determining heirs are given directly in the will of the decedent. The heir may renounce anything offered in the will.