How a Well-Planned Will Can Help Avoid Delays and Conflicts

If you’ve ever dealt with a succession in Louisiana before, then you know it can be a complicated and potentially overwhelming process. 

Unlike other states, Louisiana has its own legal system based on civil law, which makes the process of establishing inheritance after a loved one dies very specific and sometimes confusing. However, a thoughtfully structured will and estate plan can be extremely helpful in preventing unnecessary delays, court issues, and family conflict. Here’s how:

1. It Speeds Up the Succession Process 

Without a will, an estate may go through something called an intestate succession, which means that the court has to follow certain legal rules to see who inherits what. That could take up to months and can involve additional legal documents, as well as more expenses related to extra court hearings and attorneys’ fees. 

But when a valid will is already in place, the court system already has clear instructions as to: 

• Who inherits which assets 
• Who is the executor (the individual in charge of making sure the specifications of the will are properly followed) 
• What must be done with specific properties 

This allows the succession to move forward faster, often without requiring as much court involvement. In some cases, the succession even qualifies for a simplified process, like a small succession affidavit. 

2. A Valid Will Clearly Names the Executor 

Without a legally binding will, the court has to appoint an executor. This decision can not only cause delays, but it may also lead to disagreements between family members. 

When the will has already named an executor: 

• The court can approve the executor faster 
• There’s no confusion or argument about who’s in charge 
• The succession process can begin right away