First and foremost, get through the funeral! Hopefully, some planning was done before the death and those who need to make decisions know the deceased's wishes. If no pre-planning was done or it is a sudden, unexpected death, someone needs to take charge, contact a funeral home, communicate with the family, and plan the funeral or memorial service.  It is important to let all family members know about the arrangements, even those considered the "black sheep" of the family. Including everyone may avoid future difficulties.

Once the funeral is over and when the family is ready, contact a seasoned attorney who handles successions.  The terms "succession" and "probate" are used interchangeably and mean the same thing. The probate process in Louisiana is an efficient and relatively fast process if there is cooperation among the heirs. The same cannot be said of the probate process in some other states, but we are fortunate in Louisiana to have good probate laws.

The funeral home will order the death certificates for you. You will need more than one. It is recommended that you obtain 5 to 10 death certificates. The greater the assets, the more death certificates will be needed.  It will take several weeks for the certificates to come in. The probate process can be started without the death certificate, but cannot be completed without it.

A probate attorney should be able to provide you with a probate worksheet to assist you in gathering the necessary information to start and complete the proper transition of ownership of the deceased's property. That is what the probate process does, it provides for the transfer of assets to the rightful heirs.

It is necessary to have a complete list of the deceased's assets as well as the liabilities of the estate. In determining the value of the estate, the value of the liabilities will be subtracted from the value of the assets to give you a true/net value of the estate.  All assets and liabilities are valued as of the date of death.  Therefore, bank statements, brokerage accounts and the like must include the date of death. Financial advisors and investment firms can usually get that information for you.

Assets include everything a person owns. Liabilities include all funeral expenses, all medical expenses, debts, mortgages and liens on property, credit card balances and so forth.

A frequent question is "Do I have to list each piece of furniture or household belonging?" The answer is "No", unless you are dealing with valuable antiques or are having major disputes among the heirs.  In most cases, household furnishings are lumped together and valued at what you would expect to receive at a yard sale.

Another frequent question is "Are  assets that pass by named beneficiary (ie life insurance policies, 401K's, retirement accounts) part of the probate estate?" The answer is "No" as long as the beneficiary forms list living beneficiaries. If all listed beneficiaries are deceased, these assets become part of the probate estate.  The importance of having up to date beneficiary forms cannot be over emphasized . It is critically important for the smooth transition of assets to have accurate beneficiary forms.

The attorney will need the pertinent information on all heirs including the  complete name (including maiden names for the ladies), current addresses, dates of birth, social security numbers, phone numbers  and the relationship of the heir to the deceased.  If there are multiple marriages, the attorney needs to know that and needs to know which children were born to which spouse.

This may seem overwhelming, but most of the required information is readily available or can be obtained with a few phone calls. Once the worksheet has been completed and all the information gathered, you are ready to meet with a qualified attorney who can handle the legal   process for you.

The probate process in Louisiana is not to be feared or necessarily avoided.  We have very good laws in this area. If there is conflict among the heirs, talk with your attorney about ways to minimize or at least control the battles.  Fighting between heirs can cause the process to take a very  long time and  be unnecessarily costly. The good news is that most successions are handled smoothly with very little conflict.  However, this writer did have a case where two sisters fought over a formica top kitchen table and a costume jewelry ring.

The best advice is for everyone  to plan ahead and  have a will or trust in place before it is needed.  A well drafted Will/Trust can reduce and hopefully eliminate conflicts among heirs.

In conclusion, Louisiana's probate laws are effective, efficient and not to be feared.

The primary practice at Melchers Law Firm focuses on estates, wills, trusts, successions, business law and personal injury. (Plaintiff representation)

Contact us for more information at 504-467-1092 or 504-467-1130