How to Fix Probate Paperwork Errors in Louisiana: Wrong Siblings Listed

Short answer: In Louisiana, probate is called a succession. If the succession paperwork lists the wrong siblings (or otherwise mis-identifies heirs), the court can correct the record, but you must act at the succession court level by filing a corrective pleading or motion with evidence and notice to interested parties. This article explains the practical steps, typical paperwork, and what to expect in Louisiana succession cases.

Detailed answer — correcting incorrect heirs in a Louisiana succession

Louisiana handles estate administration through succession proceedings. Mistakes happen: a sibling may be misnamed, misspelled, or a non-relative may be listed. The process to fix those mistakes depends on the type of error and the stage of the succession. Below are the common scenarios and concrete steps to correct them.

1) Identify the exact error and gather evidence

Be precise: is the named person not actually a sibling, is the name misspelled, or is an heir completely omitted? Collect primary evidence:

• Certified birth certificates, marriage certificates, or adoption decrees showing parentage.
• Death certificate of the decedent (the person whose succession is open).
• Affidavits from family members who can attest to relationships (signed, notarized).
• Any prior wills, notarized declarations, or succession inventories already filed.

2) Talk to the succession’s representative (personal representative / administrator)

If a probate representative (executor or administrator—often called the personal representative in common usage) is administering the succession, ask them to file an amendment or corrective pleading with the court. A representative can often fix simple clerical mistakes by filing an amended petition, supplemental inventory, or an affidavit explaining the error and attaching proof.

3) If the representative will not act, any interested person can petition the court

If the representative does not correct the error, any interested heir or creditor may file a petition or motion in the succession court asking the judge to correct the record. Common remedies include:

• Motion to correct the petition or inventory (clerical corrections).
• Petition for declaratory judgment as to heirship if the identity of heirs is disputed.
• Supplemental pleading adding an omitted heir or asking removal of a wrongly listed person.

4) The court process: notice, hearing, and evidence

Louisiana courts require proper notice to interested parties. Expect the court to set a hearing. At the hearing you should present the documentary proof (birth certificates, affidavits, family records) and testimony if needed. If the court finds the paperwork was in error, it will order correction of the succession record and, if necessary, adjust distributions or appointment of the representative.

5) When the error affects distributions or transfers already made

If assets were already distributed based on the incorrect list of heirs, fixing the records may not automatically unwind transfers. The court can order restitution if someone received property improperly. That often requires an additional petition for accounting, reconveyance, or recovery from the person who received the property, and may affect final distributions to the rightful heirs.

6) Time limits and urgency

Act promptly. Some claims (for example, certain actions to recover property or challenge accounts) have prescriptive periods. Waiting can reduce remedies or complicate correction, especially after final discharge of a representative. Consult local court clerks or a Louisiana attorney quickly to preserve rights.

7) Documentation you will likely file or need at the hearing

• Motion or petition to correct the succession record (filed in the parish where succession opened).
• Certified copies of vital records proving family relationships.
• Affidavits of interested heirs or witnesses (notarized).
• Proposed order for the judge to sign correcting names or adding/removing heirs.
• If distributions were made, an accounting or reconveyance petition may be necessary.

8) Where to find Louisiana statutes and rules

Louisiana law on successions appears in the Louisiana Civil Code (Book IV: Successions and Donations) and related procedure rules. For the exact statutory language and procedural rules, use the Louisiana Legislature’s law search: https://legis.la.gov/Legis/LawSearch.aspx. Search terms like “successions,” “succession petition,” or “probate” will return the relevant Civil Code and procedural provisions for your parish.

Hypothetical example

Hypothetical facts: Mary, who died in New Orleans, had three children (Alice, Ben, and Carla). The succession petition filed by the administrator mistakenly listed “Becky” instead of “Ben.” Ben receives no notice and is not treated as an heir.

What to do: Ben should obtain his certified birth certificate showing he is Mary’s child and ask the administrator to file an amended succession petition or supplemental inventory correcting the name. If the administrator refuses, Ben (an interested person) should file a motion in the succession court asking the judge to correct the record, attach his certified birth certificate, and ask for a hearing. The court will give notice and decide whether to correct the succession and enter an order adding Ben as an heir. If distributions already occurred to “Becky,” the court may order remedy to restore Ben’s share.

Helpful Hints

• Act early. Corrections are easier before final discharge of the succession representative or final distribution of assets.
• Get certified original documents (birth, death, marriage, adoption) to prove family relationships.
• Ask the succession representative to file an amendment first — it is often the fastest route.
• If you must file in court, file in the parish where the succession is open and serve notice to all interested parties.
• Keep written records of communication with the representative and copies of all filings.
• If assets were transferred incorrectly, preserve evidence of transfers (bank records, deeds) and ask the court for an accounting.
• Parish clerks’ offices can explain filing requirements and local procedures, but they cannot give legal advice.
• If the succession is contested or complicated, consider hiring an attorney experienced in Louisiana successions promptly.

How a lawyer can help

An attorney can prepare and file the correct motion or petition, gather admissible evidence, represent you at hearings, and pursue remedies if assets were wrongly distributed. If family relations are unclear (adoptions, informal adoptions, or disputed parentage), a lawyer can help obtain records, subpoenas, or expert proof needed by the court.

Key takeaways

• Mistakes in Louisiana succession paperwork can and should be corrected through the succession court.
• Collect proof of relationships, ask the representative to amend the filings, and if necessary file a motion or petition with the court.
• Act quickly, provide proper notice to interested parties, and be prepared for a hearing.

Disclaimer: This explanation is educational only and not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a Louisiana attorney licensed in your parish.