Detailed Answer
When someone dies in Louisiana, their estate must pass through a succession process. Heirs or the appointed executor must open the succession and follow Louisiana law steps to inventory assets, pay debts, and distribute the residue among heirs.
1. Open the Succession and Obtain Possession
Within three months of the date of death, heirs or the executor file a petition for possession with the parish succession court. This petition identifies the decedent, the heirs, and any will. The court issues a judgment of possession allowing control over estate assets. See La. Code Civ. P. art. 3272 (link).
2. Prepare and File an Inventory and Appraisement
Heirs must list and value all assets (real estate, bank accounts, jewelry, vehicles) and debts as of the death date. A detailed inventory and appraisement must be filed with the court within three months after the judgment of possession. Late inventories can incur court sanctions. See La. Code Civ. P. art. 3321 (link).
3. Notify Creditors and Settle Debts
Publish a notice to creditors in the official parish journal. Vendors have one month to assert claims, while other creditors generally have two years to file suit. Heirs must pay legitimate debts and expenses before distributing remaining assets. See La. Code Civ. P. arts. 3253–3256 (link).
4. Partition and Distribute Assets
After settling debts and creditor periods, the estate enters partition. Louisiana law protects forced heirs (e.g., minor children) by guaranteeing them a forced portion under La. Civ. Code art. 1493 (link). The surviving spouse may hold usufruct over specified property. Heirs may agree to an amicable partition and file an act of partition with the court. If they disagree, any heir can petition for judicial partition, and the court will either divide the property in kind or order a sale, then distribute proceeds according to each heir’s lawful share.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Start the succession process promptly to avoid penalties for delay.
- Keep detailed records of asset valuations and appraisals.
- Consider engaging a notary or succession attorney to prepare legal documents.
- Hold open communication with all heirs to facilitate an amicable partition.
- Review forced heirship rules to understand which heirs have protected shares.