Frequently Asked Question: Proving Next of Kin and Qualifying as Administrator in a Reopened Louisiana Succession

Short answer: To prove you are next of kin and to qualify as administrator when reopening a Louisiana succession, you will generally need a certified death certificate for the decedent, official identity for yourself, documentary proof of your family relationship to the decedent (birth, marriage, adoption, divorce or death certificates showing the family links), any existing will or prior succession paperwork, and a formal petition and supporting affidavits or certified judgments filed in the parish court that handled (or should have handled) the original succession. The court may also require an appointment order (letters of administration), a bond or security, and notice to interested persons.

Detailed answer — what the court expects and why

Succession (probate) in Louisiana is a judicial process. When a succession has already been opened but must be reopened (for example, because new assets were found, a prior appointment never occurred, heirs were unknown or a personal representative needs to be replaced), the parish court will decide who has the legal authority to administer the estate. The judge needs reliable documentary proof of identity, relationship, and any prior court actions or wills before issuing letters of administration or other orders.

Key categories of documentation you will need

• Certified death certificate for the decedent. A certified (long-form) death certificate is usually required to show the succession is proper and to begin/reopen administration. Obtain from the Louisiana Department of Health — Vital Records: https://ldh.la.gov/page/vitalrecords.
• Your photo ID and contact information. The court must identify who is asking for appointment (government-issued ID, driver license, passport).
• Proof of your relationship to the decedent (chain of kinship). Examples include:
  • Certified birth certificates showing parent/child links (yours and the decedent’s as needed).
  • Certified marriage certificates (if claiming as surviving spouse) or divorce decrees (to show marriages ended).
  • Adoption decrees (if adopted or if adoption affects inheritance).
  • Death certificates for predeceased persons in the chain (to explain why a generation steps in).
• Any existing will, codicil, or prior succession papers. If the decedent left a will, the named executor has priority. If a prior succession was opened, bring certified copies of the judgment, appointment (letters), inventory, or final decree.
• Affidavits of heirship or family affidavits (supporting evidence). Affidavits by people with personal knowledge can help establish family relationships when official records are missing, but many courts treat them as secondary to certified records and may require further proof or a judicial determination of heirs.
• Judicial determinations of heirship (if already obtained). A certified judgment declaring heirs (a judgment of possession or declaration of heirship) is strong proof of entitlement.
• Documentation about the assets that require reopening. Records showing newly discovered bank accounts, real property, vehicles, digital assets, or other property tied to the decedent support the need to reopen the succession.
• Proposed bond or evidence of waiver/acceptance of bond. Louisiana courts often require security (bond) from an administrator unless the court waives it. Bring information about bonding or proof of net estate value so the court can set bond appropriately.

Who has priority to be appointed administrator?

Under Louisiana succession principles, priority normally follows the decedent’s expressed wishes (executor named in a valid will). Without a will (intestate), the court looks to the intestate heirs. Common practical priority order usually includes the surviving spouse or the heirs who stand to inherit. If multiple heirs request appointment, the court will decide based on who is qualified, willing, and able to serve. Because the order and details depend on the facts, the court uses evidence you bring to determine who is an heir and therefore eligible.

For official statutory language and rules on succession and intestate heirs in Louisiana, consult the Louisiana Civil Code and succession provisions on the Louisiana Legislature website: https://legis.la.gov/Legis/LawSearch.aspx?search=succession.

Typical court steps when reopening a succession

1. File a petition to reopen the succession (with the parish court where the original succession was or where the decedent was domiciled).
2. Attach certified death certificate, documentation of kinship, the will (if any), and documentation of the assets that justify reopening.
3. Provide notice to all interested parties (heirs, creditors, named executor, etc.).
4. Attend a hearing. The judge will examine evidence, decide heirship and priority, set any required bond, and issue letters of administration or other orders.
5. Administer the estate under court supervision (inventory, pay creditors, distribute assets) and file required accountings.

Helpful hints — checklist and practical tips

• Start by ordering a certified death certificate from the Louisiana Department of Health: https://ldh.la.gov/page/vitalrecords.
• Collect certified vital records early: birth, marriage, adoption, divorce and death certificates for all relevant people.
• Search for a will: check the decedent’s home, safe deposit boxes, attorney files, or prior court records. A will trumps many heirship claims if valid and probated.
• If official records are missing, prepare sworn affidavits from people with first-hand knowledge of family relationships and consider a judicial declaration of heirship if the court requires it.
• Contact the parish Clerk of Court where the succession was opened (or where the decedent lived). Clerks can provide local form requirements and filing procedures. Local rules differ by parish.
• Be ready to identify and notify all potential heirs — incomplete notice can delay reopening.
• Bring documentation of assets that justify reopening (bank statements, deeds, insurance policies, titles). The court will want to know the value and nature of newly discovered assets.
• Expect possible bond requirements. If you cannot post a bond, ask the court about waivers or alternative security arrangements.
• If heirs are dispersed or records are old, allow time for genealogical research and certified copies from other states or countries.
• Keep originals and obtain certified copies for court filing. Courts prefer certified documents; photocopies may not suffice.

Where to find forms and official rules

Parish courts handle successions. Visit the relevant parish Clerk of Court website for local filing forms and procedural information. For text of Louisiana laws on successions and intestate heirs, see the Louisiana Legislature’s law search pages: https://legis.la.gov/Legis/LawSearch.aspx?search=succession. For certified vital records (birth, death, marriage), see the Louisiana Department of Health — Vital Records: https://ldh.la.gov/page/vitalrecords.

When to get professional help

If heirs disagree, records are missing, the estate is complex, or creditors object, the process can become legally technical. A lawyer can prepare filings, represent you at hearings, and advise about bond, creditor claims, and distributing assets. If you cannot afford private counsel, ask the parish court or local legal aid office about resources.

Disclaimer: This article is for general information only and does not constitute legal advice. It is not a substitute for consulting an attorney about your specific situation.