Detailed Answer
Opening a probate (succession) in Louisiana requires filing a petition with the appropriate district court where the decedent was domiciled at death. Louisiana follows a civil-law approach governed by the Louisiana Code of Civil Procedure and Civil Code Title III (Successions).
1. Determine Testacy Status
First, review whether the decedent left a valid will. If a will exists, the succession proceeds testate. If not, it proceeds intestate. The process differs only in appointment of the succession representative.
2. Identify Proper Venue
File the petition in the district court of the parish where the decedent was domiciled. Louisiana Code of Civil Procedure art. 3051 defines eligible petitioners (La. C.C.P. art. 3051).
3. Who May Petition
- Heirs and legatees (if testate)
- Creditor with a claim provable in the succession
- Public administrator (if no private petitioners)
4. Prepare and File the Petition
The petition must include:
- Decedent’s full name, date and place of death
- List of known heirs/legatees with addresses
- Copy of will, if any (and list of codicils)
- Approximate estate value
- Prayer asking the court to open the succession and appoint a representative
Statutory requirements for the petition appear in La. C.C.P. art. 3052.
5. Appointment of Succession Representative
Once the court opens the succession, it appoints:
- An executor named in the will (testate)
- An administrator appointed by the court (intestate)
See La. C.C.P. art. 3053 for qualifications and appointment.
6. Notice and Publication
The representative must file notices to creditors and publish in the parish’s official journal. Creditors generally have one year to assert claims. For notice rules, see La. C.C.P. art. 3071.
7. Inventory and Appraisal
Within 90 days of appointment, the representative submits a detailed inventory of assets and liabilities. This inventory follows La. C.C.P. art. 3121.
8. Closing the Succession
After satisfying debts and distributing property, the representative files a final account. The court approves it and issues a judgment closing the succession.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice specific to your situation.
Helpful Hints
- Confirm domicile: Probate venue depends on the decedent’s primary residence.
- Gather asset records early to streamline inventory.
- Provide clear contact information for all heirs and legatees.
- Track statutory deadlines to avoid penalties or extended liabilities.
- Consider a local probate attorney if the estate involves complex assets or disputes.