Disclaimer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice regarding your situation.
Detailed Answer
In Louisiana, probate proceedings are known as successions. The local Clerk of Court’s office in the decedent’s parish of domicile records all succession matters. To determine if a succession has been opened, follow these steps:
- Identify the Parish of Domicile: Louisiana law requires that a decedent’s succession be opened in the parish where the decedent was domiciled at death, or where immovable property is located. See La. Code Civ. Proc. art. 1971 (CCP Art. 1971).
- Search the Clerk of Court Records: Many parishes maintain an online docket search portal. Enter the decedent’s full legal name and approximate date of death. If no online search is available, contact the Clerk of Court by phone or visit in person. Provide any known details to assist the clerk’s staff in locating a succession file.
- Review the Docket Index: The clerk’s office will confirm whether a succession petition has been filed and provide the file number, opening date, and parties involved. Public court records include the succession petition, inventory, and orders of distribution.
- Request Certified Copies: For definitive proof, order certified copies of the succession records. Fees vary by parish, and certified documents serve as official confirmation of a filed succession.
- Consider Professional Assistance: If you encounter difficulties or need a comprehensive search, consider hiring a Louisiana attorney, title company, or professional researcher familiar with local practices.
Helpful Hints
- Check whether the parish offers a statewide portal such as LA Clerks Remote Access.
- Use exact name spellings and consider known aliases or name changes.
- Gather public obituary notices or death certificate details to aid the search.
- Verify clerk’s office hours and record request fees before visiting.
- Keep a log of file numbers and clerk’s reference details for follow-up inquiries.