Detailed Answer

This FAQ-style guide explains the practical steps to handle your mother’s estate under Louisiana law. It assumes you start with no legal knowledge. This is not legal advice; it is general information to help you decide next steps and when to consult an attorney.

Overview: What “handling an estate” means in Louisiana

In Louisiana the process of settling a deceased person’s property is called a succession. The process establishes who inherits, collects and protects assets, pays debts and taxes, and distributes the remainder to heirs or legatees. Louisiana has unique rules (community property, usufruct, and forced heirship/legitime) that affect who receives what, so local rules matter.

Key Louisiana legal resources

• Louisiana Legislature (laws, Civil Code and Code of Civil Procedure): https://legis.la.gov/Legis/LawSearch.aspx
• Louisiana Department of Health — Vital Records (death certificates): https://ldh.la.gov/index.cfm/page/355

Step-by-step actions to take right away

1. Secure the person and property.

   Make sure the home, vehicles, bank accounts, safe-deposit boxes, and valuable items are safe. Lock the house if needed and change alarm codes. Do not distribute assets except where permitted by law or the will.

2. Obtain certified copies of the death certificate.

   Order multiple certified copies from the Louisiana Vital Records office (or parish health office). Banks, title companies, and government agencies will require certified copies.

3. Locate the will and related documents.

   Search the decedent’s papers, safe-deposit boxes, email, and attorney files. If a will is found, keep the original safe. In Louisiana, someone named in a will typically files it with the succession court to begin probate.

4. Identify the heirs and named executor (if any).

   Louisiana law recognizes a will’s appointments, but if there is no valid will, state rules determine heirs (spouse, children, parents, etc.). Louisiana also has forced heirship rules that can protect certain children’s shares (the legitime), so the distribution can differ from other states.

5. Gather financial information.

   Make a list of bank and investment accounts, real estate, vehicles, life insurance, retirement accounts, debts, and monthly bills. Obtain recent statements and account numbers. Don’t close accounts until you talk with an attorney or the bank about the proper procedure.

6. Decide whether to open a succession in court.

   To transfer titled property (real estate, vehicles), clear title, or obtain authority to act for the estate, someone usually must open a succession in the appropriate parish court. If the will names an executor (testamentary executor), that person petitions the court for appointment. If no will exists, an heir can petition to be appointed administrator.

7. Consider whether a relatively simple (voluntary) succession procedure applies.

   Louisiana law provides procedures for less-complex successions where the estate is small or heirs agree. Whether you qualify depends on the estate’s size, complexity, and whether parties agree. An attorney can advise whether a simple process is possible.

8. Make an inventory and appraisement if required.

   Some successions require a formal inventory of assets and appraisement of property values. This allows the court and heirs to see estate value and how debts and distributions will be handled.

9. Notify creditors and pay legitimate debts.

   Creditors must be given notice in the manner required by Louisiana law. Valid debts are paid from estate assets before distributions. If you are appointed as a succession representative, you have duties to creditors and heirs; follow court instructions and deadlines.

10. Handle estate taxes and filings.

    Louisiana does not currently have a state inheritance tax, but federal estate tax or income tax issues can arise for large estates or retirement accounts. Consult a tax advisor or attorney if the estate may trigger federal estate tax or if final income tax returns are required.

11. Distribute assets and close the succession.

    After debts and taxes are resolved and the court approves, distribute remaining assets according to the will or Louisiana intestacy rules. File the final reports and obtain a court judgment closing the succession and ordering distribution.

Important Louisiana-specific rules to know

• Community property and usufruct: Louisiana uses community property rules for spouses and may grant the surviving spouse a usufruct (right to use income or property) rather than full ownership of certain assets. This affects how property passes on death.
• Forced heirship (legitime): Louisiana protects certain children (called forced heirs) and reserves a portion of the estate that cannot be freely given away by will in some circumstances. This differs from most other states and can change inheritance outcomes.
• Real estate transfers: Transfer of immovable property typically requires a recorded act and often court supervision of the succession. Title companies and parish records must be updated after succession is closed.

When you should strongly consider hiring an attorney

• If the estate includes real estate, business interests, or complex investments.
• If there is no will or the will’s validity may be challenged.
• If heirs disagree, or litigation (claims against the estate) is likely.
• If forced heirship or community property rules may significantly affect distribution.
• If tax issues or large federal estate exposure exist.

Helpful Hints

• Get several certified death certificates early; many institutions require originals.
• Keep a single file or folder (digital and paper) with all estate documents, account statements, title documents, and correspondence.
• Don’t rush to close accounts or distribute assets until you know whether a succession must be opened or until an executor/administrator is appointed.
• Ask banks about their procedures for releasing funds — some accept certified death certificates plus a court document naming the representative.
• Be careful with social media and online accounts; don’t delete digital assets until you document them and learn how they should be handled.
• If the estate is small and all heirs agree, ask an attorney about simplified or voluntary succession procedures to save time and cost.

Where to learn more: Search Louisiana statutes and civil code provisions at the Louisiana Legislature site: https://legis.la.gov/Legis/LawSearch.aspx. For vital records and certified death certificates, visit the Louisiana Department of Health: https://ldh.la.gov/index.cfm/page/355.

Disclaimer: This article is informational only and does not provide legal advice. Laws vary by state and individual circumstances. Consult a licensed Louisiana attorney to get advice tailored to your situation.