Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.
Detailed Answer: Appointment Process for Administrators in Louisiana Intestate Estates
When a person dies in Louisiana without a valid will, the estate is considered intestate and must go through a succession proceeding in the parish where the decedent resided at death. An administrator (sometimes called an executor in other states) is appointed to manage and distribute the decedent’s assets under the rules of intestate succession.
1. Who May Petition to Serve as Administrator?
Under Louisiana Code of Civil Procedure article 3271, any of the following may file a petition to be appointed administrator:
– Surviving spouse or a nominated heir
– Lineal descendants (children, grandchildren)
– Parents or siblings, if no spouse or descendants
– Any other next of kin within the fourth degree
– Creditors of the estate, if no closer heir steps forward
See La. C.C.P. art. 3271: https://legis.la.gov/Legis/LawSearch.aspx?type=CCP&number=3271.
2. Priority Among Heirs
If multiple heirs qualify, Louisiana Civil Code intestate succession rules determine priority:
- First: surviving spouse and children share equally (La. Civ. Code arts. 889–895).
- Second: if no spouse/children, parents inherit equally (La. Civ. Code art. 896).
- Third: siblings or their descendants (La. Civ. Code art. 897).
- Fourth: more remote kin up to the fourth degree (La. Civ. Code art. 898).
3. Filing the Petition
The interested heir must file a petition in the succession court (probate court) of the parish of residence. The petition generally includes:
- Decedent’s full name, date of death, and parish of residence.
- List of all known heirs and their relationship to the decedent.
- Estimated value and description of assets and liabilities.
- Consent or waiver forms signed by other heirs, if available.
After filing, the court sets a hearing date and issues citations to interested parties.
4. Court Hearing and Appointment
At the hearing, the judge reviews heirship, confirms the petitioner’s eligibility, and examines any conflicts. If multiple heirs petition and cannot agree, the court selects the administrator in the estate’s best interest. Once appointed, the administrator receives Letters of Administration, granting authority to:
- Collect and safeguard assets
- Pay valid debts and taxes
- File an inventory with the court
- Distribute remaining assets per Louisiana Civil Code intestate rules
5. Qualification and Bond
The court may require the administrator to post a bond unless all heirs waive this requirement. The bond protects the estate from potential mismanagement.
Helpful Hints
- Gather family records early: birth certificates, marriage certificates, and death certificate.
- Prepare an asset list: bank accounts, real estate, vehicles, and personal property.
- Check for creditor claims deadlines: creditors must file within three months of publication or 90 days of notice (La. C.C.P. art. 3272).
- Consider waivers: if all heirs agree, they can waive bond and simplify administration.
- File timely inventories: submit within 60 days of appointment (La. C.C.P. art. 3278).
- Consult a Louisiana probate attorney: even though not required, an attorney can prevent costly errors and delays.