Successions Without Administration: This type of succession is recommended for estates worth more than $75,000 and that are not overly complex. This is the most common type of succession in Louisiana. In this type of succession the executor of the estate is approved as an independent executor and they are free to manage the estate’s activities without any court involvement. This can save the estate time and money.
If the decedent had a valid Will, formal administration may not be required. The Will may prohibit or require this type of proceeding specifically. Estates with a Will can qualify for a Succession Without Administration if the following conditions are met:
- All people named in the will are competent or acting through their qualified legal representatives
- All competent legatees accept the succession without conditions
- None of the creditors of the succession has required administration
In this type of Succession, at least one petitioner must sign. It is common practice, that all heirs will sign verification. The process entails the attorney drawing up the pleadings, the heirs/legatees signing, filing the documents with the court, the judge signs the judgment of possession, and the heirs are formally put into possession.
If there is not a valid Will, the following conditions must be met to qualify for a Succession Without Administration:
- The succession must be relatively free from debt
- All parties agree that the succession be without administration.
A succession is deemed to be relatively free from debt when “when its only debts are administration expenses, mortgages not in arrears, and debts of the decedent that are small in comparison with the assets of the succession.”
If an estate qualifies, the time frame for completing this type of succession is less than 30 days if all heirs/legatees are cooperative.