How to recover estate property from an uncooperative heir in Louisiana

Short answer: Act quickly, document what is missing, make a written demand to the succession representative and the heir, preserve evidence, and ask the succession court to enforce turnover, accounting, or other remedies. If the property was taken criminally, contact law enforcement. Consult a Louisiana attorney to file the right court motions and protect deadlines.

Detailed Answer — Louisiana procedures and remedies

This section explains, in plain language, the typical steps heirs or interested parties take when someone keeps estate property while a succession (estate) is still open in Louisiana. This is educational information, not legal advice.

Who manages estate property while the succession is open?

When someone dies, the estate is placed under the supervision of the succession process. A succession representative (executor, administrator, or an interim representative depending on the case) generally has the duty to locate, protect, inventory, and distribute estate assets under court supervision. If an heir or other person refuses to return property that belongs to the estate, the representative or an interested heir can ask the succession court to intervene. For general background on Louisiana successions, see the Louisiana Legislature’s resource on successions: Louisiana laws on successions.

Immediate practical steps

1. Document what’s missing and who has it. Make a detailed list of items (description, serial numbers, photos, appraised value if known), and collect any evidence showing ownership by the decedent (wills, bank statements, titles, insurance lists, photographs, receipts).
2. Confirm the estate’s status and the representative’s authority. Check court records or ask the succession representative whether an inventory has been filed and whether the estate is under court control. Keep copies of pleadings showing who acts for the estate.
3. Send a written demand. Send a dated demand for return of the property to the heir and to the succession representative by certified mail (or other trackable delivery). Keep a copy. A clear demand often resolves disputes without court action.
4. Preserve evidence and avoid escalation. Do not attempt self-help repossession if it risks a confrontation. Photograph the property where it is and gather witnesses’ statements if possible.
5. Report potential theft when appropriate. If the item was knowingly taken with criminal intent (for example, taken after the person knew it belonged to the estate and after demand), you may report it to police. Law enforcement will decide whether a criminal investigation is warranted.

Court-based remedies in the succession case

If the written demand fails, the succession representative or an interested heir can ask the probate/succession court to compel turnover or seek other remedies. Typical court actions include:

• Motion to compel delivery/turnover of property. The court can order a person in possession of estate property to deliver it to the succession representative or to the estate.
• Action for accounting and breach of fiduciary duty. If the person in possession is a succession representative or someone entrusted with estate property, the court can require an accounting and may remove the representative for misconduct.
• Sequestration or provisional remedies. In some cases, the court can order provisional measures (temporary seizure or preservation of property) to prevent dissipation of estate assets while the dispute is resolved.
• Contempt or sanctions. If a court order to return property is disobeyed, the court may hold the person in contempt and impose fines, jail, or other sanctions.
• Civil claims for conversion or unjust enrichment. The estate (through the succession representative) can sue the person who wrongfully retains, uses, or sold estate property for monetary recovery or return of specific items.

Louisiana succession law and the court’s authority to supervise administration and protect estate assets are established in the state’s succession rules and civil procedure. For statutory background, see Louisiana succession resources: Louisiana laws on successions, and consult the Code of Civil Procedure provisions that govern succession proceedings by searching: Louisiana Code of Civil Procedure – successions.

When to contact police vs. court

If the wrongful possessor knowingly stole or fraudulently converted estate property after the decedent died, criminal charges may apply and you can report the act to law enforcement. Police typically handle clear theft or fraudulent taking, while the succession court resolves disputes over ownership, possession, distribution, and business of administering the estate. It is common to pursue both remedies — a criminal complaint and a civil petition — but coordinate these steps with counsel.

Who can sue to recover estate property?

Generally the succession representative (or co-heirs through the representative or by court permission) brings claims on behalf of the estate. If there is no functioning representative, an heir with an interest may ask the court to appoint a representative or seek relief directly if the court allows.

Timing and deadlines — act promptly

Time matters. Evidence fades, property can be sold or transferred, and certain legal claims are subject to prescriptive periods (statutes of limitation). Start the process quickly by preserving evidence and making formal demands. For information on Louisiana prescription rules, you can search the legislature’s site: Louisiana laws on prescription.

Helpful Hints

• Keep all communications written and dated. Certified mail or email with delivery receipts helps show that you asked for return.
• Get and preserve photographs, serial numbers, appraisals, and witness statements showing the decedent owned the property.
• Ask the succession representative for copies of the inventory, accountings, and court orders. If they refuse, the court can compel production.
• Consider mediation if the heir will engage — it can be faster and less expensive than litigation.
• If the item is unique or high-value (family heirloom, jewelry, vehicle, artwork), avoid risky confrontations — let the court or law enforcement recover it.
• If you suspect the heir sold estate property to a third party, tell your attorney quickly; the estate may have remedies against the buyer depending on whether the buyer acted in good faith.
• Ask your attorney about provisional remedies that preserve property value while you pursue final relief.
• Document chain-of-possession: who had the item after the decedent died, when it moved, and any communications about it.

How an attorney can help

• Prepare and send effective demand letters.
• File the right motions in succession court (motion to compel turnover, petition for sequestration, accounting, removal of representative, contempt motions, or suit for conversion/unjust enrichment).
• Coordinate civil action with law enforcement if criminal conduct may exist.
• Locate and pause transfers, sales, or dissipation of estate assets.

Key Louisiana legal resources

• Louisiana laws on successions: https://legis.la.gov/Legis/LawSearch.aspx?search=succession
• Search Louisiana statutes on prescription (timing rules): https://legis.la.gov/Legis/LawSearch.aspx?search=prescription
• Search Louisiana laws on criminal theft and conversion (if applicable): https://legis.la.gov/Legis/LawSearch.aspx?search=theft

Final note and disclaimer: This article explains common steps and possible remedies under Louisiana law but is not legal advice. Every succession and dispute is different. For a definitive plan tailored to your facts, consult a licensed Louisiana attorney who can review the estate records and file appropriate motions in the correct parish court.