Disclaimer: This article is for informational purposes only and does not constitute legal advice.
How to Compel an Estate Administrator to Pay Your Inheritance Share in Louisiana
When an estate administrator delays or refuses to distribute your inheritance, Louisiana law offers clear procedures for beneficiaries to enforce their rights. Follow these steps to compel payment and protect your interest.
Detailed Answer
Under Louisiana’s Code of Civil Procedure and Civil Code, an administrator must account for estate assets, pay valid debts, and distribute the remaining estate to heirs and legatees. If the administrator fails to act, you can take legal measures to force distribution.
1. Request a Formal Accounting
As a beneficiary, you may demand a full and final account at any time after the administrator’s appointment. Pursuant to La. Code Civ. Proc. art. 3191, the administrator must file an itemized statement of all receipts, disbursements, and asset balances. A clear accounting often prompts prompt distribution.
2. File a Petition for Judicial Settlement and Partition
If the administrator does not file on request, you can petition the court to settle the accounts and partition the estate under La. Code Civ. Proc. art. 3193. The court will schedule a hearing, review the account, and, if approved, issue an order directing the administrator to distribute your share.
3. Obtain a Rule to Show Cause
Should the administrator ignore the court’s order, file a rule to show cause in the succession docket. A rule to show cause compels the administrator to appear before the judge and explain the delay. The judge can impose sanctions or convert the rule into a judgment for payment.
4. Seek Removal of the Administrator
If the administrator willfully neglects duties, you may request removal under La. Code Civ. Proc. art. 321. Grounds include failure to file accounts, refusal to distribute, or mismanagement. The court can appoint a successor who will carry out the distribution.
5. Enforce a Court Judgment
Once the court orders distribution, you can enforce the judgment through a writ of fieri facias or garnishment. This forces the administrator or successor to turn over estate assets to satisfy the award.
Helpful Hints
- Document all communication. Keep copies of letters, emails, and hearing notices.
- Check timelines. Louisiana law often requires settlement within 12 months of appointment unless extended by the court.
- Review creditor claims. Ensure all debts are paid before distribution to avoid personal liability.
- Attend hearings. Stay informed and raise objections promptly.
- Consider legal counsel. Complex estates or conflicts benefit from an experienced probate attorney.