Detailed Answer
Overview of Creditor Notice Requirements Under Louisiana Law
When a person dies in Louisiana, the succession representative must notify creditors by both publication in the official parish journal and by sending written notice to known creditors. Louisiana Code of Civil Procedure article 3264 outlines publication duties and article 3265 sets form and timing requirements (La. C.C.P. art. 3264, art. 3265).
Steps to Verify Notice in the Original Succession File
- Obtain the Succession Docket: Contact the clerk of court in the parish where the succession was opened. Request the full court record and a certified copy of all filings.
- Check for Publication Affidavit: Look for an affidavit of publication signed by the newspaper and filed in the court. This document confirms the exact dates the notice ran.
- Review Registered-Mail Receipts: Examine the court file for return-receipt cards or affidavits of service showing that known creditors received notice by certified mail.
- Search Newspaper Archives: Independently verify publication by reviewing the parish’s official journal archives for the notice during the nine-month window after succession opened.
- Confirm Deadlines: If both forms of notice occurred, known creditors had nine months from the first publication to present their claims. If notice failed, prescription runs under the two-year rule (La. C.C.P. art. 3266).
Applying the Two-Year Prescription Rule
Article 3266 provides that if notice is not properly published or sent, creditors have two years from the date of death to assert claims. To rely on this two-year prescription, you must demonstrate a lack of compliance with publication or mailing requirements. Documentation from the court file showing missing affidavits or publication records serves as evidence that the shorter nine-month period never commenced.
Disclaimer: This article is for informational purposes only and is not legal advice.
Helpful Hints
- Request certified court documents early to avoid delays.
- Use online court dockets where available to check filings remotely.
- Contact the parish newspaper directly for back issues if the affidavit is missing.
- If you spot gaps in notice, note them in writing to support the two-year rule.
- Consult a Louisiana attorney promptly to preserve your claim and confirm procedural steps.