Documents Required for Louisiana Letters of Administration

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

When a person dies without a valid will in Louisiana, heirs must obtain letters of administration to manage and distribute the decedent’s estate. The clerk of court issues these letters once you file the necessary documents in the proper parish.

Primary Documents

• Certified Death Certificate: Obtain a certified copy from the state vital records office.
• Petition for Letters of Administration: File a petition following the requirements of La. C.C.P. art. 3451. The petition must include the decedent’s name, date of death, and heirs’ names and relationships.
• List of Heirs (Affidavit): Prepare an affidavit listing all heirs under La. C.C.P. art. 3452. Include each heir’s contact information and legal capacity.
• Administrator’s Undertaking (Bond): Post a surety bond as required by La. C.C.P. art. 3151. The bond protects estate creditors and heirs against mismanagement.
• Oath of Administrator: The appointed administrator must swear an oath per La. C.C.P. art. 3419 to faithfully perform duties.
• Inventory of Assets: Submit a sworn inventory within 30 days of qualification in accordance with La. C.C.P. art. 3411.
• Heir Waivers (if applicable): File waivers signed by any heirs who consent to another administrator or prefer to waive formal administration.
• Notice to Creditors: Publish or mail notice to creditors as required under La. C.C.P. art. 3434.

Additional Documentation

Depending on the estate’s complexity, you may need:

• Letters of guardianship for minor heirs.
• Court orders authorizing sale of real property.
• Certified copies of foreign death certificates for out-of-state deaths.

Helpful Hints

• Verify all names and dates on documents match official records.
• Confirm parish-specific filing requirements and fee schedules with the local clerk of court.
• Obtain a certified death certificate promptly to avoid delays.
• Coordinate with a probate attorney if the estate involves real property or complex assets.
• Keep copies of all filed documents and proof of service to creditors or heirs.