This article explains how heirs can petition a Louisiana court to reopen a closed succession (estate) to claim unclaimed or newly discovered assets. It outlines key steps, deadlines, and statutes under Louisiana law. This is for educational purposes only.
Disclaimer: This article does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
1. Locate the Final Homologation Judgment
When a succession closes in Louisiana, the court issues a judgment homologating (approving) the final account and the distribution of assets. This judgment is recorded in the parish where the decedents last domicile was located. Obtain a certified copy of this judgment and note its date and docket number.
2. Identify Grounds to Reopen the Succession
Louisiana law allows heirs to challenge a final succession judgment if:
- New or unclaimed assets surface after distribution.
- There was fraud, mistake, or manifest error in the original proceedings.
These grounds form the basis of an action of nullity under La. C.C.P. art. 20022 (Nullity of judgments). A petition for relative nullity must be filed within five years from the date of homologation (La. C.C.P. art. 2004).
3. File an Action of Nullity (Petition to Reopen)
In the same succession court:
- Draft a Petition for Relative Nullity. Cite La. C.C.P. art. 20022 and detail the newly discovered assets or errors in the accounting.
- Include: identifying information (estate docket number, decedent name), grounds for nullity, and a prayer to reopen the succession.
- Serve the petition on all interested parties (other heirs, legatees, and the former administrator or executor).
- File proof of service and pay any required filing fees in the parish court.
4. Present Evidence at Hearing
After the court issues a rule to show cause, attend the hearing and present documentation of the unclaimed assetsfor example, bank statements, deeds, or brokerage records. The judge will decide whether to nullify the prior homologation judgment in whole or in part.
5. Conduct Supplemental Administration
Once the court grants the petition, the succession reopens. Under Louisiana Civil Code article 3291 (La. C.C. art. 3291), the administrator must inventory and appraise the newly discovered assets. You may also:
- File a Supplemental Inventory within 60 days after reopening.
- Provide notice to creditors and other heirs.
- Request homologation of the supplemental account after distribution.
Helpful Hints
- Gather complete records on any newly discovered asset before filing.
- Watch the five-year deadline for relative nullity under La. C.C.P. art. 2004.
- Keep copies of all court filings and proofs of service.
- Notify all heirs and interested parties promptly to avoid contested hearings.
- Consult the Louisiana Treasurers Unclaimed Property Division for any assets already forwarded to the state.