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What to understand first: executor vs. administrator

Louisiana uses succession law (the state’s probate system). There are two common ways someone becomes the estate’s personal representative:

• Named in a will: If the decedent left a valid will that names you as executor, you typically file the will with the appropriate court and ask the judge to open the succession and recognize you as the testamentary executor. The court generally gives preference to the person named in the will, subject to court review and formalities.
• No will (intestate): If your sister died without a will, the court will appoint an administrator. Interested persons (heirs, creditors) may petition. The judge will consider the heirs’ relationships, potential conflicts, qualifications, and local priorities before appointing someone.

How the appointment process usually works in Louisiana

1. Locate the will (if any) and the decedent’s domicile: The succession is opened in the parish where your sister was domiciled at death. If a will exists, it must generally be lodged with the clerk of court of that parish.
2. File a petition to open succession: A petition or application is filed in probate/succession court to open the succession and ask the court to appoint a representative.
3. Provide required documents: The court typically requires a certified death certificate, the original will (if any), an inventory or affidavit describing assets, and identification for the proposed representative.
4. Notice and publication: The law requires notice to creditors and publication in some cases so creditors and interested persons can assert claims or object to appointment.
5. Bond and supervision: The court may require the personal representative to post a bond unless the will waives it or the court dispenses with it. The representative must administer the estate under court supervision and file inventories, accountings, and final succession documents as required.

Who has priority if there’s no will?

If your sister died intestate (without a valid will), the court will consider the class of heirs entitled to succeed under Louisiana law when choosing an administrator. Commonly the following persons are considered first in practice (but exact priority and allocation of assets follow the Civil Code): surviving spouse and children, descendants, ascendants, and other relatives. If more than one interested heir petitions to serve, the court decides among them, often preferring close relatives who are willing and able to serve.

Because the rules for intestate succession and appointment are statutory and can be complex, you should check the Louisiana succession rules or consult a local attorney for exact priority and how it applies to your family situation. You can search Louisiana statutes and rules about successions at the Louisiana Legislature’s site: https://legis.la.gov/Legis/LawSearch.aspx?query=succession.

Common reasons a court might refuse to appoint you

• There is a valid will that names someone else as executor.
• You are ineligible (for example, legally disqualified in some circumstances, or a serious conflict exists with other heirs).
• The court determines another person is better suited (health, residency, conflicts, or misconduct concerns).

Typical documents and information you’ll need

• Certified death certificate for your sister.
• The original will (if one exists) or proof there is no will.
• Identification for you and other potential heirs.
• A list of major assets (bank accounts, real estate, vehicles, retirement accounts) and known creditors.
• Any marriage certificates, birth certificates, or other records that confirm heirship where relevant.

Practical tips and next steps

• Contact the clerk of the civil district court in the parish where your sister lived to learn local filing rules and forms. Each parish has small differences in practice.
• If a will names you as executor, bring the original will to the clerk and ask about the procedure to open the succession and obtain letters or authority to act.
• If there is no will and you want to be appointed, file a petition to open the succession and state your interest. Expect other heirs to receive notice and the court to consider competing petitions.
• Consider whether you will need to post a bond; if posted, the bond amount is often set by the court to protect estate creditors and heirs.
• Keep careful records, file inventories and accountings on time, and preserve estate assets. Improper handling can lead to liability as a representative.

When to consult an attorney

Succession law involves deadlines, statutory notice and publication requirements, bond issues, creditor claims, and sometimes disputes among heirs. If the estate has significant assets, debts, disputes, or tax issues, consult a Louisiana attorney who regularly handles successions. A lawyer can help you file correctly, advise about bonding and accounting requirements, protect you from personal liability, and represent you if someone opposes your appointment.

Helpful hints

• Act quickly to locate a will and the death certificate; delays can complicate administration.
• Contact the parish clerk early — clerks can provide forms and explain local procedures.
• Keep estate and personal funds strictly separate to avoid claims of impropriety.
• Get written consents from other heirs when possible; agreements reduce disputes and court involvement.
• If the estate looks small, ask the clerk whether simplified or summary succession procedures apply in that parish.
• Document all communications and steps you take as a proposed or acting representative.