Understanding Whether a Mother-in-Law Can Serve as Personal Representative in Louisiana
Detailed Answer
This is not legal advice. It is an informational guide only.
In Louisiana, opening a succession (probate) and serving as the personal representative (formerly “executor” or “administrator”) requires statutory authority. You have two primary pathways:
- The Decedent Left a Will
If the deceased named you in a valid will as their executor, you may petition the court to recognize your appointment. You must file the will and a petition in the parish court where the decedent lived. Louisiana Code of Civil Procedure (C.C.P.) Article 3251 permits the person named in the will to apply for letters testamentary, provided you are at least 18 and have not been convicted of certain crimes. - No Will (Intestate Succession)
If the decedent died without a will, Louisiana law limits who may serve as administrator. Under C.C.P. Article 3251, the priority order is:- Surviving spouse
- Descendants (children, grandchildren)
- Parents
- Siblings
- Other heirs (nieces, nephews)
A mother-in-law is not in this priority list and therefore cannot serve as administrator in an intestate succession. Even if all heirs agree, Louisiana law does not permit an in-law to be appointed over closer blood relatives.
If you qualify, you must file the appropriate petition, take an oath, and post a bond unless the will waives it. The court will issue “letters testamentary” (with a will) or “letters of administration” (intestate) once you meet all requirements and notify potential heirs or legatees.
Helpful Hints
- Locate any valid will. It may name you directly.
- Check C.C.P. Article 3251 for required qualifications and order of priority.
- Gather vital records: death certificate, marriage certificates, and heir contact information.
- File your petition in the decedent’s parish succession court promptly to avoid delays.
- Understand fiduciary duties: inventory assets, pay debts, distribute property per law or will.
- Consider consulting a probate attorney for complex estates or disputes.
Disclaimer: This article provides general information under Louisiana law and does not constitute legal advice. Consult a licensed attorney about your specific situation.