Detailed Answer
Short answer: In Louisiana, if your mother died without a will (intestate), you can ask the court in the parish where she lived to open her succession and to be appointed the succession representative (commonly called an administrator). The process generally requires filing a petition to open the succession, notifying heirs and creditors, proving your relationship, and completing administration tasks such as collecting assets, paying debts, and distributing what remains to heirs under Louisiana intestacy rules.
Step-by-step overview (what you will generally need to do)
- Confirm there is no will. Make a reasonable effort to locate any will (safe deposit box, personal papers, attorney). If none exists, the estate is intestate and Louisiana intestacy rules determine who inherits.
- Get a certified death certificate. You will need certified copies for banks, title companies, and the court.
- Identify the proper court and file the petition. File a petition to open the succession in the district court of the parish where your mother was domiciled (lived) at the time of death. The petition asks the court to open the succession and to appoint a succession representative (administrator). The clerk will open a succession docket and give you a succession number.
- Provide proof of your identity and relationship. The court will want documents showing your relationship to the decedent (birth certificate, family records) and your identity.
- Notice to heirs and creditors. Louisiana procedure requires giving notice to heirs and to known creditors. The court clerk will advise how to publish notice if required. Known creditors may need formal written notice and may have timelines for filing claims.
- Bond and appointment. The court will appoint a succession representative. The court may require the representative to post a bond to protect the estate from mismanagement unless all heirs agree to waive the bond or the court orders otherwise.
- Inventory and manage assets. The representative must locate, secure, and inventory estate assets, manage bank accounts, collect receivables, and protect property until distribution.
- Pay debts, taxes, and expenses. The representative must pay valid debts and administrative expenses from estate funds in the proper priority. This can include funeral expenses, mortgages, and taxes. Keep records and receipts.
- Distribute the estate according to Louisiana intestacy law. After debts and expenses are paid, distribute remaining assets to heirs according to Louisiana law. Unlike some states, Louisiana’s civil-law system has its own inheritance rules; the closest relatives (children, surviving spouse, parents) typically succeed. You should consult the Louisiana succession rules or an attorney to determine exact shares.
- File a final account and close the succession. The representative files a final accounting with the court and asks the court to discharge them after the estate is settled.
Important Louisiana legal resources
- Louisiana laws on successions and related provisions: https://legis.la.gov/Legis/LawSearch.aspx?search=succession
- District court clerk in the parish where the decedent lived (for filing the petition and getting local forms and instructions). Parish clerk contact info is available on the district court/parish website or via the state judiciary directories.
Notes about terminology and special Louisiana rules
Louisiana uses civil-law terminology that can differ from other states. A court-appointed person who administers an intestate estate is often called a succession representative or administrator. Louisiana also has rules about forced heirs and usufruct that can affect who receives what and for how long. Because these rules are unique, careful attention to the Civil Code and local procedures is important.
When you might be able to avoid full administration
In some cases, small estates or transfers by affidavit may let heirs collect certain assets (bank accounts, vehicles) without a full succession proceeding. The thresholds and procedures vary, and banks or title companies will have their own practices and forms. Check with the court clerk or an attorney to see whether a simplified process applies.
When to get an attorney
Consider consulting a Louisiana attorney when:
- There are disputes about heirs or ownership of assets.
- The estate owns real estate or business interests.
- There are significant creditor claims or tax issues.
- The succession involves forced heirship questions, usufructs, or complex property rights.
Even if you proceed without an attorney, many people consult one for the petition and to review the proposed distribution or final account.
Disclaimer
This article is for informational purposes only and is not legal advice. I am not a lawyer. For advice about your specific situation, contact a licensed Louisiana attorney or the court clerk in the parish where your mother lived.
Helpful Hints
- Collect basic documents before you file: death certificate (certified), decedent’s ID, deeds, titles, recent bank statements, mortgage documents, insurance policies, and a list of possible creditors.
- Talk with other close family members early. If heirs agree on who will serve, the court is more likely to appoint that person and may waive bond if all heirs consent in writing.
- Make an early list of all known creditors and ask the court clerk about required notices and timelines so you don’t miss claim periods.
- Keep meticulous records and receipts for all estate transactions — courts review the representative’s accounting when closing the succession.
- Ask the parish court clerk for local forms and filing fees. Each parish may have slightly different procedures and fee schedules.
- If a bank or government agency requires a certified copy of court appointment or letters of administration, obtain certified copies from the clerk’s office as soon as the court issues them.
- If you are appointed, don’t distribute assets until debts and taxes are addressed. Distributing too soon can create personal liability if creditors later make valid claims.
- When in doubt about complex questions (forced heirship, homestead, usufruct, tax consequences), consult a Louisiana succession attorney for targeted advice.