Detailed Answer
Estate Administration
In Louisiana, estate administration (also called succession) proceeds in the district court of the parish where the decedent lived at death. Most parishes assign one division of the District Court to handle successions, sometimes called the Succession Court or Probate Division. To begin, a personal representative (executor or administrator) files a petition with the Clerk of Court for Letters Testamentary (if there is a will) or Letters of Administration (if there is none). The clerk will:
- Review the petition and will for compliance.
- Schedule a court date to appoint the personal representative.
- Publish required notices to creditors.
- Register and probate the will, if applicable.
Key statutes include La. R.S. §9:131 (intestate succession) and La. R.S. §9:3551 et seq. (formal probate).
Unclaimed Property Claims
Louisiana’s unclaimed property program is run by the Office of Unclaimed Property within the State Treasurer’s Office, not by local courts. If you believe someone holds property (e.g., bank accounts, safe-deposit contents, utility deposits) that legally belongs to you but has remained unclaimed, you file a claim with the Treasurer’s Office:
- Search the state database at Treasury Unclaimed Property.
- Complete and submit the official claim form online or by mail.
- Provide proof of your identity and entitlement (e.g., utility bills, death certificate).
- Wait for the state to review and approve the claim.
Governing law is found at La. R.S. Title 9, Chapter 13 (Unclaimed Property Act).
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney to address specific legal issues.
Helpful Hints
- Confirm the parish where the decedent was domiciled to file the succession petition.
- Use the Clerk of Court’s website to download petition forms and fee schedules.
- Publish notices of succession in the official journal within the parish to protect against creditor claims.
- For unclaimed property, double-check owner name spellings and aliases in the state database.
- Gather certified copies of vital records (e.g., death certificate) before filing succession or property claims.
- Track all filing deadlines; probate timelines and claim submission dates vary by type of property.