Baton Rouge Probate Lawyer

Baton Rouge Probate Attorney

Probate is an important legal proceeding for the estate of a deceased individual. Loved ones, beneficiaries, heirs, and others with responsibility for the estate may have to navigate probate court. It is much easier to do so with the legal guidance of a Baton Rouge probate lawyer. The right attorney helps you ensure proper administration of the estate and helps you protect your own financial rights and interests.

Hire a Probate Lawyer

Our firm has over 50 years of legal experience, including in estate planning law and probate and succession administration law. We can help you navigate probate, whether you are an heir, beneficiary, executor, or estate administrator. Our firm understands how to navigate these sensitive cases and effectively resolve an estate. We also have experience with the 19th Judicial District Court, which is where successions in Baton Rouge are filed.

When you have just lost a loved one, it is often difficult to manage the legal requirements of probate. With the help of Watson, Blanche, Wilson & Posner, LLP, you can limit the time in court and the stress of the process. We aid in drafting pleadings, filing the right documents on time, and managing the administration and distribution of the estate.

Each probate case is unique, and we listen to your unique familial, financial, and estate situation to provide the most useful solution possible.

Understanding Probate in Baton Rouge

Probate is called succession in Louisiana, although the terms can be used interchangeably. Succession occurs when someone dies, and the assets and debts in their estate must be dealt with. Debts must be paid off, and assets must be distributed to the heirs or beneficiaries of the deceased. Succession is the court’s way of handling this process.

There are many assets which are part of a person’s estate, like bank accounts, real estate, and personal belongings. The median household income of the Baton Rouge metro area was about $64,550, while the median value of owner-occupied housing units was approximately $227,800 in 2023. These are all essential assets in an estate that need to be protected. This is why it is important to work with a Baton Rouge probate attorney.

Types of Succession in Louisiana

Succession in Louisiana is either testate or intestate.

• Testate succession occurs when the deceased person made a will, and that will is legally valid. Testate succession occurs under the administration of the named executor in the will, and assets are distributed to the beneficiaries named in the will.
• Intestate succession occurs when there is no will, or the deceased made one, but it was found invalid by the probate court. A court-appointed personal representative is responsible for estate administration, and assets are distributed to the deceased person’s heirs under state inheritance law.

When there is a will, it often makes the process go more smoothly. This is because there are clear wishes of the deceased to be followed, and assets are clearly distributed. Without a will, state law determines how much property goes to each heir, but not which assets. This can cause disputes between heirs. Unfortunately, one survey states that 54% of Americans do not have a will. The support of an attorney can help in any succession, but especially in those that are more uncertain.

Common Issues in Baton Rouge Succession

There are other factors that can make estate administration and succession more complicated, including:

• An unclear or difficult-to-interpret last will and testament
• Assets that are hard to evaluate
• Challenges to a will’s validity
• Difficulties regarding forced heirship
• Debtor claims that are difficult to validate
• Disputes about how to pay debtor claims

The right attorney can help you navigate each of these complex scenarios. An estate planning attorney can even help you create an estate plan ahead of succession to address these complications and potentially save your loved ones time and frustration.

Can You Avoid Probate in Baton Rouge?

Yes, it is possible to avoid probate or limit the time your loved ones spend in the court process in Baton Rouge. Thorough estate planning is the most effective way to do this. Trusts, pay-on-death designations, and other important documents can help assets avoid probate. Experienced estate planning attorneys can help.

FAQs About Baton Rouge Probate Laws

How Much Does a Probate Lawyer Cost in Louisiana?

The cost of a probate lawyer in Louisiana depends on their experience, their location, the specific probate case, and many other specifics. Most probate lawyers charge hourly, and this rate can vary. More experienced attorneys tend to have higher fees. Attorney’s fees differ depending on whether it is a simple probate or one with significant disputes. A more complex estate may take longer to close, increasing attorney costs.

What Type of Lawyer Do You Need for Probate?

The type of lawyer you need for probate is one with the knowledge and experience in such cases to help you confidently resolve the matter. Review client testimonials and credentials to assess the qualifications and abilities of an attorney. It’s important that the attorney you work with has local experience in the parish where you are filing, because different jurisdictions may handle succession differently. A local attorney with years of experience managing successions will be better equipped to handle your case.

Do I Need a Lawyer for Probate in Louisiana?

You aren’t required to have a lawyer for probate in Louisiana; however, some jurisdictions may require it. Even when it isn’t required, it is strongly recommended that you hire a probate lawyer. These cases can be very intricate, which is especially difficult when you are mourning the loss of your family member. Handling the process incorrectly can make it take longer or lead to disputes. By working with an attorney, you can ensure the process is done right.

How Long Does Probate Last in Baton Rouge?

The time probate lasts in Baton Rouge depends on the estate and the specifics of the succession process. Some probate cases take several weeks, while others take months or more than a year. Cases are likely to take longer if there are beneficiary disputes, there is no will, the estate’s assets are complex, assets or debts are not easily identifiable, or there is a will with questionable validity. An attorney can help you assess how long succession might take.

Contact Our Baton Rouge Probate Lawyer

Probate can be a complicated process that is difficult to navigate. With the right attorney on your side, you can have the confidence to approach your case with knowledge and experience supporting you. Whether you want to create an effective estate plan or you need support during succession proceedings, contact Watson, Blanche, Wilson & Posner, LLP in Baton Rouge. Our team puts our clients’ needs first.