Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Louisiana for guidance on your specific situation.
Detailed Answer
Under Louisiana law, the clerk of court must issue letters of administration to the highest-priority heir who qualifies and accepts the appointment. The statutory order of preference is set forth in LSA-C.C.P. art. 3432: (1) surviving spouse; (2) children; (3) parents; (4) siblings; (5) more remote heirs. A client seeking appointment over a higher-priority heir must show one of the following:
- Renunciation by the higher-priority heir. An heir may formally renounce administration in writing under LSA C.C. art. 876. Upon proper renunciation, the next heir in line may present the written declination to the court and receive letters.
- Disqualification of the heir. Certain persons cannot serve as administrator, including minors, interdicts, and those convicted of offenses involving dishonesty. See LSA-C.C.P. art. 3431. If a higher-priority heir falls into a disqualified category, the clerk skips that heir and considers the next.
- Failure to claim within statutory delay. A higher-priority heir must apply for letters within 30 days of the first published notice. If that heir fails to file, the court moves to the next heir. This is governed by LSA-C.C.P. art. 3434.
- Court-ordered exception. In rare cases, a client can petition the court to show cause why a higher-priority heir should be bypassed—for example, due to abuse of the estate or conflict of interest. The petition must outline facts and request an exception under the court’s equitable powers.
To proceed, the client should:
- Determine the exact order of heirs under LSA-C.C.P. art. 3432.
- Obtain a signed renunciation from the higher-priority heir if possible.
- Compile evidence of any disqualification or failure to act.
- Submit an ex parte application or rule to show cause to the clerk of court.
- Post the required succession bond, if applicable.
Helpful Hints
- Review LSA-C.C.P. art. 3431–3434 carefully to understand qualification rules.
- Engage the higher-priority heir early—renunciation is the simplest route.
- Keep deadlines in mind: heirs have 30 days to claim administration after notice.
- Maintain clear records: notarized renunciations and medical or conviction records for disqualification.
- Consider alternative dispute resolution if heirs contest the appointment.