Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice about your specific situation.
Detailed Answer
In Louisiana, opening an estate proceeding is known as “succession.” If no prior succession (probate) case exists, you must initiate a new proceeding. The process varies based on whether the estate qualifies as a small succession or requires a regular succession.
1. Identify the Type of Succession
- Small Succession: Total estate assets (excluding the homestead) do not exceed $125,000. Governed by La. C.C.P. art. 3451 et seq. (art. 3451).
- Regular Succession: Estate assets exceed $125,000 or involve complex assets (e.g., real estate outside of homestead). Governed by La. C.C.P. art. 2991 et seq. (art. 2991).
2. Prepare and File the Petition
You, as an heir, legatee or creditor, file a petition in the parish where the decedent resided. Include:
- Decedent’s name, date of death and last domicile.
- List of known heirs or legatees with contact information.
- Estimated value and description of assets.
- Designation of a succession representative (administrator or curator).
3. Appoint a Representative
The court appoints a succession representative—administrator in regular successions or curator in small successions—who gathers assets, pays debts and distributes the estate. For small successions, any heir or legatee may serve as curator. See La. C.C.P. art. 3453 (art. 3453).
4. Publish and Mail Notice to Creditors
The representative must publish notice in the official parish journal and mail individual notices to known creditors. Creditors have six months from publication to present claims. See La. C.C.P. art. 3061 (art. 3061).
5. Inventory and Appraisal of Assets
Within three months (regular succession) or 30 days (small succession) of appointment, the representative inventories all assets and obtains appraisals. This ensures proper valuation for debt payment and distribution.
6. Pay Debts and Taxes
The representative pays valid creditor claims and any inheritance or estate taxes. Louisiana requires a State of Louisiana Inheritance Tax Form submitted to the Louisiana Department of Revenue.
7. Obtain Court Judgment of Distribution
After debts and taxes are paid, the representative petitions for judgment of distribution. The court issues an order transferring remaining assets to heirs or legatees according to the will or intestate succession rules (La. Civ. Code arts. 888–1103).
8. Close Succession
Once the judgment of distribution is final and assets transferred, file a final accounting and motion to close the succession. The court issues an order closing the succession, ending court supervision.
Helpful Hints
- Confirm the estate’s total value early to determine the proper procedure.
- Gather death certificate and any existing will before filing.
- Locate and notify all potential heirs to avoid future disputes.
- Keep careful records of all notices, appraisals, debt payments and distributions.
- Consider hiring a local attorney if the estate involves real estate, businesses or contested heirship.
- Be mindful of deadlines: small successions have tighter timeframes.