Monroe Succession Lawyer

Estate Planning and Succession Law Firm Serving Monroe, West Monroe, & Ouachita Parish, Louisiana

Succession is the legal process that follows when someone passes away. It involves settling the deceased’s estate, paying off any remaining debts, and ensuring the proper distribution of assets to heirs or beneficiaries. No matter if the decedent had a valid will or not, the Louisiana succession process can quickly become complicated, especially when disputes arise.

Fortunately, with trusted legal counsel from a seasoned Monroe, LA succession lawyer, families can streamline the process by avoiding unnecessary delays and protecting their loved ones’ interests. At Greenwald Law Firm, Attorney Joseph Greenwald, Jr. and his dedicated legal team assist clients throughout Monroe, West Monroe, Sterlington, Richwood, Claiborne, Calhoun, and surrounding areas in managing every step of the succession and estate administration process. 

Our law firm has extensive experience in estate planning, probate, and succession matters in Louisiana and offers compassionate, knowledgeable support during what is often a difficult time.

Contact our office today at (318) 219-7867 or use our website to request a consultation with an experienced Louisiana successions attorney today.

What is Succession in Louisiana?

In Louisiana, succession (also called probate) is the legal procedure that ensures a person’s assets are legally transferred to the appropriate heirs or beneficiaries. The process includes identifying property, resolving debts with creditors, and distributing what’s left according to a will (if one exists) or state law if there isn’t one.

Without the guidance of a skilled probate lawyer, the process can quickly become overwhelming—especially in situations involving family disputes, estate litigation, or unclear documents. That’s why it’s important to have a local estate planning lawyer who understands Louisiana’s succession laws and court procedures.

Understanding Testate vs. Intestate Succession in Louisiana

Louisiana law outlines two types of succession:

• Testate succession occurs when the decedent leaves behind a valid last will and testament. The court reviews the will, appoints an executor, and oversees the management of the estate.
• Intestate succession applies when there is no will. In these cases, the court relies on Louisiana’s intestate succession laws to determine who inherits, usually starting with children, then a spouse, and continuing through other relatives like siblings or parents.

A Monroe estate planning attorney can help families understand how community vs. separate property may affect inheritance and what steps need to be taken to honor the deceased’s wishes.

Louisiana’s Testate Succession Process

If someone dies with a valid will, it must be submitted to the court. Louisiana recognizes two kinds of wills: notarial wills (typed and notarized) and olographic wills (handwritten and signed by the testator). The court will appoint an executor, who is responsible for paying debts, filing necessary documents, and ensuring assets are distributed as outlined in the will.

It is worth noting that Louisiana’s forced heirship law (Art. 1493 of the LA Civil Code) limits a person’s ability to completely disinherit certain children, particularly those under the age of 24 or with permanent disabilities. 

Of course, there is much more to it than this. A knowledgeable Monroe succession lawyer can help clients understand and comply with the legal requirements surrounding testate successions in Louisiana while respecting the decedent’s final wishes.

Louisiana Intestate Succession Process

When no valid will exists, Louisiana law has authority in determining how the estate is divided. This means that the distribution of their estate follows a specific legal order of kinship set by state law. The order determines who inherits the deceased’s assets, depending on which relatives are alive at the time of death.

Here’s the general order of kinship in Louisiana intestate succession:

1. Descendants (Children and Grandchildren)

• If the deceased has children, they inherit everything, subject to certain spousal rights (like usufruct over community property).
• If any child is deceased, that child’s children (grandchildren) inherit their parent’s share by representation.

2. Surviving Spouse

• A surviving spouse inherits the deceased’s community property usufruct (the right to use and benefit from it during their lifetime), but not ownership—unless there are no descendants.
• If there are no descendants, the spouse may inherit ownership of community property and potentially separate property (depending on other surviving relatives).

3. Parents and Siblings

• If there are no descendants, the estate passes to parents and siblings (brothers and sisters) in equal shares.
• If only one parent is alive, the surviving parent gets a share, and the siblings split the rest.
• If a sibling is deceased, their children (nieces and nephews) may inherit by representation.

4. Ascendants (Grandparents, etc.)

• If there are no descendants, siblings, or parents, the estate goes to the closest ascendants (such as grandparents, great-grandparents).

5. Collaterals (Aunts, Uncles, Cousins)

• If no closer relatives exist, the estate passes to more distant collateral relatives, such as aunts, uncles, and then cousins.

6. The State of Louisiana

• If no legal heirs can be found, the estate escheats to the state, meaning Louisiana claims the property.

An administrator—often a close family member—is appointed to identify assets, settle debts, and divide the property among the designated heirs. Because intestate successions often don’t reflect what the deceased may have wanted, working with an experienced estate planning lawyer is the best way to make sure everything is done legally, fairly, and in accordance with your wishes.

What is a Small Succession in Louisiana?

A small succession offers a simpler, faster way to transfer property when an estate’s value is modest. As of 2025, small successions apply to estates worth $125,000 or less—or if the decedent has been dead for over 20 years.

These cases often don’t require a formal court hearing. Instead, heirs may use an affidavit to settle the estate. This process can be especially helpful for families looking to save time and money when managing limited assets.

Can You Avoid Probate in Louisiana?

In some situations, it’s possible to avoid the Louisiana probate process altogether by transferring assets through alternative planning methods. While many estates do require formal succession, careful estate planning can possibly eliminate the need for court involvement altogether.

With the help of a Monroe estate planning and probate lawyer like Joey Greenwald at Greenwald Law Firm, you can set up estate planning documents that can bypass succession/probate entirely.

Avoiding Probate in Monroe Through Effective Estate Planning

A thoughtful, legally sound estate plan can help your family avoid unnecessary court procedures and expensive litigation. For example, taking advantage of the following tools can potentially  help avoid succession altogether:

• Establishing a revocable living trust
• Naming POD/TOD beneficiaries
• Utilizing joint property ownership with survivorship rights
• Making lifetime gifts to your intended beneficiaries

While not every asset qualifies for these strategies, combining multiple tools can reduce complications after death. At Greenwald Law Firm, our practice helps clients prepare wills, trusts, and other documents designed to protect your loved ones and preserve your estate.

Whether you’re protecting your children, supporting a spouse, or planning ahead for your beneficiaries, our legal team is here to provide guidance you can trust. Don’t wait until it’s too late – act now to secure your legacy and your loved one’s financial future by calling Monroe estate planning attorney Joseph Greenwald at (318) 219-7867.

What Does Succession Cost in Louisiana?

The cost of handling a succession in Louisiana depends on several factors, such as:

• The estate’s total value
• Whether there’s a will
• The number of heirs
• Potential disputes
• Court and legal fees

All things considered, some successions can be completed for under $1,000, while more complicated estates may require several thousand dollars. It’s always best to consult a qualified Monroe, LA succession lawyer for a personalized estimate.

Do You Need a Lawyer for Louisiana Successions?

While DIY succession may sound appealing, many families find themselves overwhelmed by the process. Hiring an experienced attorney helps avoid mistakes, delays, or legal challenges.

At Greenwald Law Firm, we support clients through every stage of succession—from filing paperwork to resolving debts to communicating with heirs and the court. Whether the estate includes a business, multiple properties, or family disagreements, we’re ready to serve as your legal advocate and seek fair and equitable resolutions on your behalf.

What To Look for in Your Monroe Succession Lawyer

When choosing your Monroe probate lawyer, it’s important to work with someone who understands the many ins and outs of Louisiana’s succession laws, including how community property, forced heirship, and intestate succession can impact your estate. You need a professional who can guide you through every step—whether you’re navigating the court process after a loved one’s death, preparing for the future, or handling disputes among heirs.

Attorney Joey Greenwald offers more than just legal knowledge—he brings years of experience, a dedicated legal team, and a true commitment to protecting families and preserving legacies. Whether you’re drafting a simple will, managing a high-value estate, or facing a contested succession, he delivers personalized service, clear answers to your questions, and solutions tailored to your specific needs.

Call Greenwald Law Firm – Monroe’s Trusted Succession and Estate Planning Attorney

Losing someone you love is hard enough without the added stress of legal red tape and confusing court procedures. At Greenwald Law Firm, we understand how overwhelming this time can be, which is why we approach every case with care, compassion, and respect. Whether you’re facing the succession process after a family member’s passing or need advice when it comes to creating an effective estate plan, our team is here to guide you every step of the way.

Proudly serving Monroe, LA and communities across Ouachita Parish, we’re committed to providing practical solutions that ease the burden on your family. In addition to successions and estate planning, our law firm also offers trusted representation in criminal defense and personal injury cases.

Simply give us a call at (318) 219-7867 or submit a request online to schedule your consultation today.