Frequently Asked Questions — Louisiana Legal Help
Below are answers to the most common questions we receive about Louisiana succession, divorce, family law, and virtual legal services. If you do not see your question answered here, call (504) 421-3277 or contact us online for a consultation.
Frequently Asked Questions
What is the difference between succession and probate in Louisiana?
Louisiana uses the term succession instead of probate. They refer to the same legal process — transferring a deceased person's estate to their heirs. Louisiana follows the Napoleonic Code rather than common law, making its succession rules unique from every other state.
Do I need a lawyer for a succession in Louisiana?
You are not always legally required to have an attorney, but Louisiana succession law is among the most complex in the country. Mistakes in paperwork, missed deadlines, or failure to identify forced heirs can delay the process significantly. An experienced attorney saves families far more in time and stress than the legal fees cost.
How long does a succession take in Louisiana?
A simple succession typically takes 4 to 12 weeks. A small succession by affidavit can be completed in 1 to 4 weeks. A complex succession with administration can take 6 months to 2 years depending on the circumstances.
What is a small succession by affidavit in Louisiana?
For estates valued at $125,000 or less where the deceased died without a will, heirs may be able to transfer property using a simplified affidavit process without opening a full court succession.
What are forced heirs in Louisiana?
Louisiana is the only state with forced heirship laws. Children under 24, or permanently incapacitated children of any age, are legally entitled to a portion of a parent's estate regardless of what the will says.
How long does a divorce take in Louisiana?
An uncontested divorce with no minor children can be finalized in approximately 6 months. With minor children the required separation period is 365 days. Contested divorces can take 1 to 2 years or longer.
Is Louisiana a community property state?
Yes. Louisiana is one of only nine community property states. Most assets and debts acquired during a marriage are owned equally by both spouses and must be divided upon divorce.
What are the grounds for divorce in Louisiana?
Louisiana allows no-fault divorce (requiring a separation period) and fault-based divorce (for adultery, felony conviction, physical or sexual abuse, or when a protective order has been issued during the marriage).
How is child custody determined in Louisiana?
Louisiana courts determine custody based on the best interests of the child. Factors include each parent's relationship with the child, ability to provide stability, the child's adjustment to home and school, and the child's preference if age-appropriate.
Is a virtual lawyer legal in Louisiana?
Yes. Louisiana law fully permits licensed attorneys to represent clients remotely. Phone consultations, video meetings, electronic document signing, and remote filing are all legally valid.
What areas does Wolf The Lawyer serve?
Richard Wolff serves clients across all of Louisiana including New Orleans, Houma, Metairie, Covington, Mandeville, Slidell, and all Louisiana parishes — entirely virtually with no office visit required.
How do I schedule a consultation with Richard Wolff?
Call (504) 421-3277 or submit the contact form at wolfthelawyer.com/contact. Consultations are available by phone or video at a time that works for you.
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