How long does it usually take to get an out-of-state will approved in Louisiana (LA)?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

FAQ: How long does it usually take to get an out-of-state will approved in Louisiana probate?

Detailed Answer — timeline and how Louisiana handles out‑of‑state wills

Short answer: there is no single fixed time. An uncontested probate of an out‑of‑state will in Louisiana commonly takes several months (often 3–9 months) from the day you file the petition to the court’s appointment of an executor and initial administration. If disputes, missing documents, or complex assets exist, the process can take a year or more.

Why the wide range? The timeline depends on the type of probate (summary or formal), whether heirs agree, whether the will is the original or a certified copy, whether the will was executed validly under another jurisdiction, and whether there are creditor claims or litigation.

How Louisiana law treats an out‑of‑state will

Louisiana law governs successions and the probate process under its civil law system. Courts generally will admit a will executed in another U.S. state if that will was valid under the law where it was executed or if it complies with Louisiana formalities. To find the governing statutory framework, consult Louisiana’s succession provisions (Louisiana Civil Code and related statutes) via the state legislature site: https://legis.la.gov/.

Typical steps and how they affect timing

  1. Locate the appropriate court and venue — file in the parish where the decedent was domiciled at death, or where immovable property is located. Filing in the wrong parish delays the process.
  2. Prepare the petition to open succession and admit will — the clerk will schedule the matter and issue notices. Preparing a complete petition and providing the original will speeds things up.
  3. Provide the original will and death certificate — courts prefer the original. If the original stays in another state, plan for a certified original or an authenticated copy. If the original must be obtained from another state, shipping and authentication add time.
  4. Notice to heirs and creditors — Louisiana law requires notice to interested persons. The court will set deadlines; waiting periods for publication and creditor claims add weeks to months.
  5. Court appearance and appointment of executor/administrator — if heirs do not object, the court typically appoints the nominated executor and issues letters testamentary. Contests or heirs who are difficult to locate will extend the timeline.
  6. Estate administration and final account — after appointment, the administrator must collect assets, pay debts, and settle affairs. This phase can last months to years depending on complexity.

Factors that shorten the process

  • Original, self‑proved will and certified death certificate available.
  • Unanimous agreement among heirs and no creditor disputes.
  • All principal assets are in Louisiana and easy to value/transfer.
  • Experienced Louisiana probate attorney prepares and files pleadings correctly.

Factors that lengthen the process

  • Contested will or contested heirship.
  • Missing or remote original will; need to obtain certified copies or authentication from another state.
  • Real estate or other assets located in multiple states or countries.
  • Court backlog in the parish where the succession is opened or procedural errors requiring re‑filing.

Practical timeline examples (hypotheticals)

Uncontested, straightforward case: file petition with original will and death certificate; court issues appointment and letters within 1–3 months; initial administration complete in 3–9 months.

Moderately complex case: original is in another state and must be shipped and authenticated; notice periods run; some asset collection required — 6–12 months to get letters and begin full administration.

Contested or multi‑jurisdictional estate: will contests, missing heirs, or assets spanning states can push the matter beyond a year and sometimes several years if litigation proceeds.

Where to file and who can file

File a petition in the district court of the parish with proper venue (domicile or location of immovable property). Typically the nominated executor, an heir, or a creditor may file to open the succession and have the will admitted. Local parish court clerks have filing requirements and forms.

For general statutory guidance on successions and probate in Louisiana, see the Legislature’s site for Civil Code and succession provisions: https://legis.la.gov/.

Helpful Hints — speed up and prepare for out‑of‑state will probate in Louisiana

  • Gather the original will and a certified copy of the death certificate before filing. If the original is in another state, obtain a certified copy or letter from the other court stating custody of the original will.
  • Identify all heirs and next of kin and try to get written agreement about the executor and basic plan — fewer disputes = faster probate.
  • Hire a Louisiana probate attorney early if the will is out‑of‑state or if assets are in multiple jurisdictions. An attorney can confirm venue, prepare pleadings, and reduce procedural delays.
  • Ask the parish clerk about local filing requirements, required notices, bond requirements, and average processing times for the court where you will file.
  • If the will was executed in a foreign country, plan for translation and apostille/authentication documents. That process can add significant time.
  • Keep records of all communications and certified mail receipts for notices to heirs and creditors. Courts often require proof of proper notice.
  • Consider alternative simplified procedures only after confirming eligibility — Louisiana has streamlined processes for certain small successions, but thresholds and rules vary by parish and must be verified.

Disclaimer: This article explains general Louisiana probate concepts and timelines for educational purposes only. It is not legal advice and does not create an attorney‑client relationship. For advice about a specific case, contact a licensed Louisiana attorney who handles successions and probate.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.