Detailed Answer — What statements and financial documents are required for annual and final probate accountings in Louisiana
In Louisiana successions, the person charged with administering a decedent’s estate (executor, administrator, testamentary executor, or curator) normally must prepare periodic accountings for the court and for the heirs and creditors. An accounting documents what the estate owned, what it collected, what it paid out, and how the estate will be (or was) distributed. The exact form and timing can vary by parish and by whether the accounting is an annual/judicial accounting or the final accounting at closing, but the fundamental required documents and statements are consistent.
Below is a concise checklist of the typical statements and supporting documents you will need for both annual and final probate accountings under Louisiana law, followed by notes about how courts review them and where to look in the Louisiana statutes for more information.
Core documents required (annual and final accountings)
- Formal written accounting (sworn account): A sworn written accounting submitted to the court that reports beginning balances, all receipts (collections), all disbursements (payments), fees and commissions, and the ending balance. The accounting must identify dates, descriptions, sources and amounts for each item.
- Opening inventory (inventaire) and any updated inventories: A list of all estate assets and liabilities with values. For final accountings the inventory should show value at date of death and any changed valuations (sales or appraisals) through closing.
- Detailed receipts and deposits: Bank statements, deposit slips, or ledger entries showing funds the estate received (rents, pension/SSA checks, sale proceeds, dividends, business receipts, refunds, etc.).
- Detailed disbursements and vouchers: Cancelled checks, paid invoices, receipts, payroll records (if any), contractor bills, funeral bills, medical bills, mortgage or loan payoff receipts, and proof of payments to creditors and service providers.
- Bank reconciliations and check register: A reconciled check register showing running balances that match bank statements; reconciliations explain differences (outstanding checks, deposits in transit).
- Asset sale documentation: Sales contracts, closing statements (HUD-1 or equivalent), bills of sale, and proof of transfer for any asset the estate sold during administration.
- Appraisals and valuations: Written appraisals (real estate, business interests, antiques, jewelry, vehicles) or market valuations for any non-liquid assets included in the accounting.
- Creditor claim file: Copies of proofs of claim filed by creditors, plus the administrator’s responses and proof of payments or rejections. If claims remain unpaid, the accounting should show reserves or proposed treatment.
- Tax returns and tax accountings: Decedent’s final individual income tax returns, estate income tax returns (Form 1041) if required, federal estate tax return (Form 706) if applicable, and proof of state and local taxes paid. Include calculations of tax liabilities deducted from the estate.
- Fiduciary compensation statements: Computation and supporting records for any commissions, fees, or reimbursements claimed by the fiduciary and by any attorneys or professionals retained by the estate.
- Distributions schedule: A proposed (for annual) or executed (for final) schedule showing who received distributions, the amounts distributed, and proof of delivery (receipts, canceled checks, signed releases, or waivers).
- Notice and service records: Proof that required notices (to heirs, legatees, and known creditors) and service of the accounting were made in accordance with court rules—mailing certificates, returned mail, or signed acknowledgments.
- Court appointment documents and bond: A copy of the letters testamentary or letters of administration and the fiduciary bond (if posted), so the court can confirm the administrator’s authority.
Additional items commonly required for final accountings
- Final reconciliation of all estate bank accounts and closing of estate accounts (statements showing zero balances or transfers to beneficiaries).
- Proof that outstanding debts, taxes, and costs of administration were paid (or a court order approving distributions subject to reserves).
- Certification that all necessary tax returns have been filed and tax liabilities paid or reserved for.
- Receipts, releases, or consents from beneficiaries acknowledging distributions (if available).
- A proposed judgment of homologation (or order of final discharge) and a proposed distribution order for the judge to sign.
How courts use these documents in Louisiana
The court’s purpose in reviewing accountings is to confirm the administrator’s accounting, ensure funds were handled correctly, determine fees and commissions, approve distributions, and decide whether to discharge the fiduciary. Courts typically require accountings to be detailed enough that an heir or creditor can verify the fiduciary’s stewardship without needing the court to subpoena additional records.
Where disputes or questions arise, the court may require the fiduciary to supplement the accounting with additional records, such as original canceled checks, vendor invoices, or more detailed appraisals.
Statutory guidance and where to look in Louisiana law
Louisiana law governing successions and fiduciary duties appears in the Louisiana Civil Code and related court procedure provisions. For statutory language and access to the relevant provisions, consult the Louisiana legislature’s website and search for “successions,” “administration,” and “accounts.” These resources explain fiduciary duties, inventories, and the court’s power to require accountings:
- Louisiana Legislature — search results for “succession” (Civil Code provisions on successions and administration)
- Louisiana Legislature — search results for “accounting” (procedural and fiduciary accounting references)
Because local rules and judicial practice vary, also check the local civil district court’s succession rules and the parish clerk’s instructions for filing accountings.
Practical checklist to prepare an accounting
- Gather: all bank and brokerage statements from the date of death through the accounting period.
- Assemble: invoices, canceled checks, receipts, and contracts for every payment or sale.
- Obtain: appraisals for real property and specialty items.
- Document: notices sent to heirs and creditors and any responses.
- Prepare: a ledger or accounting schedule showing beginning balance, itemized receipts, itemized disbursements, fees, taxes, and ending balance.
- Attach: supporting documents in the order referenced in the accounting for easy review by the court and parties.
Reminder: Some parishes or judges require electronic filing or specific labeling/order of exhibits. Confirm local filing instructions early.
What to do if records are missing
If you cannot find original receipts or checks, provide secondary evidence: duplicate statements, certified bank records, affidavits from vendors, canceled check copies from the bank, or written admissions by parties who received distributions. Explain gaps in a sworn affidavit attached to the accounting.
When to get help
If the accounting is complex (real estate sales, business interests, unresolved creditor claims, estate tax issues, or disputes with heirs), consult a Louisiana probate attorney to prepare or review the accounting before filing. An attorney can also help prepare supporting affidavits, proposed orders, and handle objections.
This is general information only and not legal advice.
Helpful Hints
- Start organizing records immediately after appointment—bank statements and vendor receipts are easiest to locate early.
- Keep a running, dated ledger with receipts and disbursements to simplify annual and final accountings.
- Get professional appraisals for high‑value or hard‑to‑value items to avoid later challenges.
- Document communications with heirs and creditors (emails and certified mail receipts) and include copies in the accounting.
- When in doubt, attach more documentation rather than less—courts prefer clear supporting exhibits.
- Check local court rules for format, filing method, and required cover sheets before you file.
- Preserve original documents in a secure place; the court or interested parties may request originals for verification.
- Keep tax records (income and estate tax filings) for several years after the final discharge—the IRS or state may audit.
Disclaimer: I am not a lawyer and this is not legal advice. This FAQ explains general practice and commonly required documents under Louisiana succession practice. For advice tailored to your situation, consult a licensed Louisiana attorney or the local succession clerk.