What is an ancillary succession/probate?

September 24, 2017 bscott

Question: We have opened a probate for my dad in Mississippi that is pending. There is however real estate that he owned in Louisiana at the time of his death. The lawyer handling the probate said the property in Louisiana can’t be handled in the Mississippi probate and we need to get a lawyer in Louisiana to handle it. What do we need to do?

Answer: Yes, a succession in Louisiana will be needed in order to transfer the Louisiana real estate from your dad to his heirs. The procedure is known as an “ancillary” succession proceeding.
Louisiana law provides that when a non-resident dies and owned property in Louisiana, that a succession can be opened here in Louisiana to transfer ownership of the property. In order for the succession representative in the Mississippi succession proceeding to act with respect to the property however, it will be necessary for him or her to qualify to do so in the Louisiana court where the ancillary succession will be filed.

If your father had a Last Will and Testament that has already been probated in the Mississippi succession, Louisiana law permits you to present a copy of the probated will and the Louisiana court will allow the will to have the same force and effect as the original probate of a domestic will.
Ancillary succession proceedings are usually pretty simple to conduct and can be opened and completed sometimes within as little as a few days if necessary.