Quick disclaimer

This article explains general Louisiana probate concepts and practical steps. It is not legal advice. For advice about your specific situation, consult a licensed Louisiana attorney.

Detailed answer — what you can do right now

When a parent dies in Louisiana, the succession (probate) case is handled in the appropriate parish court. If you believe filings in your father’s succession are missing, incomplete, or wrong, follow these steps to review the file and then take corrective action.

1. Locate the succession file and obtain records

– Identify the parish where your father’s succession was opened (usually where he lived).
– Contact that parish Clerk of Court or Clerk of Civil District Court and ask for the succession file number and case folder. Most clerks allow in-person review and will provide certified or uncertified copies for a fee.
– Request these basic items from the court file: petition for succession, the will (if any), the judgment opening succession, inventory and appraisement, acts of donation or partition, accountings (renditions) by the succession representative, creditor notices, and any orders or judgments about distribution.

2. Read the key documents and note specific problems

Look specifically for:

• Whether all known assets are listed in the inventory.
• Whether liabilities and creditor claims are listed or addressed.
• Whether an accounting (rendition) was filed and approved by the court.
• Any court orders distributing property that contradict the inventory or the will.

Make a written list of what is missing, incorrect, or inconsistent and gather supporting evidence (bank statements, title documents, deeds, insurance policies, beneficiary designations, correspondence). Keep photocopies and originals where applicable.

3. Talk with the succession representative (personal representative, executor, or administrator)

Before filing motions, consider contacting the succession representative or their attorney. Many omissions or mistakes are clerical or come from incomplete information and can be corrected without court action. Ask for an explanation and for corrected filings or a supplemental inventory/accounting in writing.

4. If informal correction fails, file a motion or petition in court

If the representative refuses or if the error affects distribution or your rights, you will likely need to start a court action. Common filings include:

• Petition to compel the succession representative to render an account or file a supplemental inventory.
• Petition to reopen the succession or for a supplemental inventory (to add omitted assets).
• Petition for an accounting and judicial review of prior accountings (to challenge improper distributions or omissions).
• Petition to remove the succession representative for breach of duty, if there is evidence of misconduct or gross neglect.
• Exceptions or remedies for fraud or false statements, if you have evidence that filings were intentionally false.

The exact title of the pleading can vary by parish and by the facts of the case. A court can order the representative to correct the record, restore assets, or pay damages when appropriate.

5. Preserve and present clear evidence

Successful challenges rely on documents and testimony. Gather:

• Original deeds, titles, bank and brokerage statements showing ownership or transfers.
• Insurance policies and beneficiary designations.
• Correspondence showing the representative’s knowledge of assets.
• Affidavits from witnesses or professionals (e.g., a bank officer confirming a missing account).

6. Watch for deadlines and claims

Louisiana succession law and local court rules set deadlines relevant to creditors and to some challenges. Also, delays can increase the risk that assets are dissipated or transferred beyond recovery. Act promptly once you discover an omission or inaccuracy.

7. Consider mediation or settlement

If the dispute is mainly between heirs or beneficiaries, courts often encourage mediation or settlement conferences. These can be quicker and less costly than a contested hearing.

8. When to hire a lawyer

If the matter involves substantial assets, allegations of fraud, withheld information, or a refusal to account, consult a Louisiana attorney experienced in successions. An attorney can file the correct pleadings, request emergency relief (e.g., temporary freeze), and navigate parish procedural rules.

Relevant Louisiana law and where to look

Louisiana’s succession (probate) rules are found in the Louisiana Civil Code and the Code of Civil Procedure. The state legislature’s site provides searchable laws; you can search for provisions on successions, inventories, accounts, and duties of succession representatives here: https://legis.la.gov/Legis/LawSearch.aspx.

Parish court rules and the clerk’s office policies also govern how to request files and how to file pleadings. Check the specific parish Clerk of Court website or contact that office for local procedures.

Helpful hints

• Start at the clerk’s office: ask for the succession case number and the court folder — that file is the authoritative public record.
• Make a simple evidence checklist: assets, accounts, titles, deeds, beneficiary designations, and creditor notices.
• Keep a clear chronology: date of death, date succession opened, filings, and any communications.
• Get certified copies for any document you will use in court. Uncertified copies may be refused as evidence.
• If a bank or title company won’t release records, a court order (subpoena or motion) can often compel production.
• Ask whether the succession representative filed an inventory and periodic accountings; if not, the court can order them to file those documents.
• Act quickly if you suspect theft, fraud, or disappearance of assets; ask the court for emergency relief to preserve estate assets.
• Check local court calendars and filing fees so you are prepared to file timely pleadings.
• Keep communications in writing when possible; written requests and responses help establish the record.
• Consider limited-scope representation if you only need a lawyer to draft a single motion or review documents rather than full litigation.

Sample next steps checklist

1. Contact the parish Clerk of Court to get the succession case number and order the file.
2. Review inventory, will, and any accountings. Note omissions and inconsistencies.
3. Request a written explanation from the succession representative.
4. If not resolved, gather documentary evidence showing the missing or incorrect items.
5. Consult a Louisiana succession attorney to prepare and file a petition to compel an accounting, supplement the inventory, or seek other relief.