What Is Ancillary Probate?

November 22, 2022

A lawyer points to paperwork about what an ancillary probate is to a client with folded hands.

What is Ancillary Probate?

Ancillary probate, or ancillary succession, is a legal process that allows the Louisiana property of a deceased resident of another state to enter probate. In simpler terms, when a resident of another state dies and owns real estate or other immovable property in Louisiana, the property must enter ancillary probate in order for it to be transferred.

At Dowden & Smith, our succession attorneys are well-versed in ancillary probate cases and can help ensure your family’s property is transferred without complications. Call our office today at 337-238-2800 to schedule a free consultation.

Lawyer provides client information about what an ancillary probate is.How Does Ancillary Probate Work?

Probate is the process where the court reviews the assets of the deceased and determines how they will be distributed. The courts will use estate plans and wills to distribute assets. If the deceased doesn’t have a will the court will analyze their assets and distribute them according to state laws.

For the most part, ancillary probate works just the same as standard probate. If a valid will was drafted or executed in another state, Louisiana requires an authenticated version of the will to begin the ancillary probate process. Although a will is the easiest way to ensure probate goes smoothly, a will is not necessary.

To keep the process streamlined and simple, our compassionate attorneys will guide you through the steps and answer any questions you may have. We’re also experienced in helping out-of-state executors, those without a will, and others in unique situations. Ensure your inheritance is properly administered with Dowden & Smith today.

[Related: Why You Need a Succession Attorney]

An elderly man searches what an ancillary probate is on his laptop.Small Successions & Ancillary Probate

If you’re involved in a small succession, you may be wondering if you need to enter the ancillary probate process. As long as the assets do not exceed the statutory threshold, a small succession affidavit can be utilized. A small succession is much more streamlined than other probate proceedings.

[Related: Small Succession Affidavits]

Get Qualified Help for Ancillary Probate in Louisiana

With flat rate fees and years of experience, our succession attorneys make ancillary probate easy for you. Whether the estate requires a small succession affidavit, help for out-of-state executors, or anything in between, you can trust Dowden & Smith to help you. Contact our office today to schedule a free consultation and discuss your options.


The contents of this website do not constitute legal advice. The information contained on this site is for general information only and should not be applied to any specific situation. Any use of the site does not create or constitute a client-lawyer relationship between Dowden & Smith and the user of the site. If you require legal advice, consult with an experienced attorney.

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