Louisiana – no members on current roster
Louisiana is the only state whose laws did not originate from British common law; instead, its civil law is derived from the French Napoleonic Code, which has resulted in its construction of an ostensibly unique system with several procedural distinctions from how the vast majority of states approach the probate process. Thus, it is prudential to provide a brief summary of the more relevant nuances in their process.
Concerning intestacy, one must first distinguish whether the decedent’s property is community property or separate property. Separate property includes (1) property owned before marriage; (2) property inherited by one spouse during marriage; or (3) property given to only one of the spouses during marriage. Community property is property acquired by either of the spouses during the marriage unless the property is separate property, or the spouses entered into a prenuptial agreement; generally, each spouse owns half of the community property during the marriage.
Additionally, Louisiana has adopted a concept called “forced heirship,” which requires that a portion of an estate go to an heir who is under the age of 24, or a child of any age who is permanently incapable of taking care of themselves at the time of the decedent’s death because of mental incapacity or physical infirmity. While the concept is similar to an elective share afforded to a spouse, a forced heir can claim their respective portion of a decedent’s estate even if all of the decedent’s property was left to their spouse by will.
Movable property is used to refer to all things other than real estate that have a pecuniary value, all monies, credits, stocks, bonds, franchises, etc.; immovable property means and includes not only land and lots but all things pertaining to such, including all structures and other appurtenances that passed by conveyance of the land or lot.
The probate process in Louisiana is instead referred to as “succession.” Successions are either intestate or testate; intestate successors are called “heirs,” and testate successors are called “legatees,” whose devises are referred to as “legacies.” Trusts are referred to differently in Louisiana: a “donation inter vivos” is the equivalent of an inter vivos trust, and a “donation mortis causa” is the equivalent of a revocable trust that takes effect upon the decedent’s death.
“Small successions” are the equivalent to small estate proceedings, and are allowed for the succession of a person who died, domiciled in Louisiana, and left property with a gross value of $125,000 or less, or who died at least twenty years before the execution of a small succession affidavit and who died leaving property in Louisiana of any value. Thus, a large portion of Louisiana’s probate or “succession” process involves small successions.
Alternatively, if a succession is testate or valued above $125,000, then a succession proceeding must be filed. However, similar to a private agreement, heirs or “legatees” can file an “ex parte petition” and accept succession, as long as at least one of them is competent and there are no outstanding creditors, and skip the administration process. Otherwise, they must engage in the succession administration process, which is similar to the process of other states.
The district court of the parish (county) where the deceased was domiciled at the time of his death has subject matter jurisdiction over all succession matters, or if not domiciled in Louisiana, then the district court of any parish has subject matter jurisdiction over any succession matters where (1) immovable property of the deceased is situated; or (2) movable property of the deceased is situated, if he owned no immovable property in the state at the time of his death.
In Louisiana, subject matter jurisdiction is heavily dependent upon venue, and it seems that any district court can hear and decide probate proceedings as long as venue is satisfied; this same notion applies to guardianships, conservatorships, and other similar matters
Original and Exclusive Jurisdiction:
1. Probate and administration of decedent’s estates
2. Administration of guardianships
3. Administration of trusts
4. Supervision of fiduciaries in estates, trusts, or power of attorney proceedings
5. Incompetency proceedings with, or without, a jury.
6. Power of Sale Foreclosures
7. Surplus funds proceedings
8. Partition of real or personal property
9. Motor Vehicle Liens
10. Cartway proceedings
11. Condemnation by private condemnors
12. Establishment of Drainage Districts
13. Proceedings to establish boundaries of real property
14. Adoptions
15. Legitimations
16. Proceedings to establish Facts at Birth
17. Name Changes
Concurrent Jurisdiction with either the District Court or Superior Court
1. Uncontested divorces
2. Initial Criminal Appearances
3. First Appearances for defendants in custody
4. Setting conditions of pre-trial release.
5. Warrants for arrest and search warrants within the county 6. Acceptance of guilty pleas in limited cases
7. Determinations of indigency and appointment of counsel 8. Vehicle Seizures
Proceedings Ancillary to other civil actions
1. Writs of execution
2. Attachments and garnishments
3. Claim and Delivery
4. Setting Aside Exemptions
5. Entry of Default
6. Entry of Default Judgments
Ohio –
The Ohio Probate Courts have exclusive jurisdiction over all subject matter pertaining to the administration of estates and trusts, appointment of guardians for incompetents, estates of minors, adoptions, the issuance of marriage licenses, name changes, commitment of the mentally ill, and various other actions. The Court also approves settlements in wrongful death actions and minor injury claims.
They have concurrent jurisdiction with the general division of the court of common pleas to hear and determine:
Any action that involves (1) an inter vivos trust; (2) a testamentary trust to fund supplemental services for beneficiary with a physical or mental disability; (3) a charitable trust or foundation; or (4) a power of attorney.