Estate administration versus probate in Louisiana

Estate administration versus probate in Louisiana

On Behalf of | Sep 28, 2021 | Uncategorized |

The difference between estate administration and probate is slight yet very specific. Estate administration occurs each time an estate is called to account for the assets of someone deceased. This may or may not call for a probate hearing in the process. Louisiana probate goes into effect to confirm your written will or make directives in absence of a will. Not all estates need to be probated, but here’s what’s administered publicly upon your death.

A succession over probate

“Successions” are referenced in court more than the term “probate.” In some cases, making personal assets public is a risk that estate owners leave to their beneficiaries. All probate hearings are public records. The courts of Louisiana won’t make possessions public with hopes of disinheriting people, however. Successions are intended to leave an estate with an equitable heir if none is already assigned.

Types of administrations in probate

In probate, which might be used for your estate, two categories of estate administration exist. For each case, a judge grants the administration of an estate as a dependent or independent succession. Though probate isn’t required, one of two filings gets used as your assets are made public. Here’s a look at the difference between a dependent and independent successions:

• Dependent: The court requires that your estate be closely administered by them during a dependent proceeding. In these cases, a judge perceives the likelihood of a dispute that only the courts can resolve.
• Independent: Court approval is required for an independent succession of your estate. This probate status is granted when the judge thinks that your estate’s execution is without contest.

In both dependent and independent executions, the administrator of the estate requires legal representation. Attorneys typically help them pay bills, find heirs, and sell the property.

Estate administration accounts for your estate in order to transfer it. If your estate defaults to probate hearings, your personal wishes encounter the risk of being contested. The probate hearing will ultimately assign beneficiaries to your assets while using your estate to pay debts.