Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies without a will in Louisiana, they die intestate. The estate passes under Louisiana’s intestacy laws, and any minor heir requires special court supervision to protect their share.
- Open a succession proceeding. Under La. C.C.P. art. 3421, any interested party may file a petition in the deceased’s parish of domicile to start the probate process.
- Appoint a succession representative. The court appoints either an administrator or allows heirs to manage the estate under court supervision. See La. C.C.P. art. 3432.
- Identify and protect the minor heir. Louisiana Civil Code provides that a tutor must be appointed to represent a minor heir’s interest. Under La. Civ. Code art. 399, the court names a tutor (often a family member) to manage the minor’s share until the minor reaches age 18.
- Inventory and appraisal. The tutor or administrator must file a detailed inventory of the estate assets according to La. C.C.P. art. 3426.
- Place the minor’s share under administration. The tutor holds the minor’s inheritance under the court’s control. Under La. Civ. Code art. 398, the tutor manages assets for the minor’s benefit and must seek court approval for major transactions.
- Use court-approved expenditures. A tutor may request funds from the minor’s share for health, education, support, and maintenance. See La. Civ. Code art. 393 for guidelines on permitted expenses.
- Final distribution. Upon turning 18, the minor can petition the court for distribution of the remaining inheritance. The court confirms the account, and the tutor transfers any remaining assets to the young adult.
Helpful Hints
- Promptly open succession proceedings to avoid delays in protecting the minor’s share.
- Gather all estate assets and debts early to assist the administrator with a complete inventory.
- Consider combining the roles of tutor and succession representative to streamline administration.
- Keep detailed records of all transactions involving the minor’s inheritance.
- Consult an attorney experienced in Louisiana succession law to navigate complex issues and court requirements.