In life, we work hard to gather things like money, property, and belongings that we can leave to our loved ones when we die. Unfortunately, not everyone prepares a last will and testament. If you live in Louisiana, it is important to understand the two ways of transferring ownership when a loved one passes away: testate and intestate successions.
Testate Successions:
A testate succession is when someone has a valid will that says who should get their things when they die. In this case, the person who died (called the testator) took the time to decide how their property should be divided among their beneficiaries. The instructions in the will are followed by an executor, who is in charge of making sure everything is done correctly.
In Louisiana, there are certain legal rules for testate successions. For example, the person making the will must be of sound mind when they create it. The will also needs to be typed, signed by the person making it, and witnessed by two people, and notarized, this type of will is called a notarial will. In the alternative, a person can write a last will and testament in his/her own handwriting, however, each page must be signed and dated, this is an olographic will. If these rules aren't followed, the will might not be considered valid, and the property will be divided according to intestate succession laws.
Intestate Successions:
An intestate succession happens when someone dies without a valid will. In Louisiana, if this occurs, their property will be divided according to intestacy laws. These laws say who inherits the property when there is no will. Their property is divided among their heirs based on their relationship to the deceased. Below you will find a helpful chart:
Successions can be complicated and confusing to navigate. The succession attorneys at
Taylor & McDowell Law are here to help! Contact us today at 985-359-9100.
