Detailed Answer

Applying for letters of administration in Louisiana starts with opening an intestate succession in the proper Civil District Court. You act as administrator when someone dies without a valid will or when no executor is named or qualified. The process follows Louisiana Code of Civil Procedure articles 3271–3276 and related statutes.

1. Who Qualifies as Administrator?

Under La. C.C.P. art. 3271, you must be a surviving spouse, next of kin, creditor or other interested party. Priority goes to the surviving spouse then children, parents, siblings or other heirs. (La. C.C.P. art. 3271).

2. Petition and Supporting Documents

The administrator files a petition for letters of administration. Louisiana courts do not use “AOC” probate forms as in other states. Instead, you typically submit:

• Petition for Letters of Administration on plain paper or local court form
• Certified Death Certificate showing date and cause of death
• Oath of Administrator executed before a notary
• Bond or Bond Exemption (required unless all heirs waive bond)
• List of Heirs with their names and addresses

La. C.C.P. art. 3276 outlines petition contents. (La. C.C.P. art. 3276).

3. Publishing and Notifying Heirs

After filing, the court issues a citation ordering publication in the official journal and notifying heirs. Each heir and creditor has at least 30 days to contest the appointment.

4. Court Hearing and Issuance

If no opposition appears, the court holds a hearing. The judge reviews the petition, oath and bond. Upon approval, the clerk issues letters of administration authorizing you to collect assets, pay debts and distribute property according to Louisiana Civil Code art. 880 (La. C.C. art. 880).

5. Fees and Deadlines

Filing fees vary by parish and depend on estate value. You generally file within nine months of death to avoid a successions filing surcharge under R.S. 13:8431.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney about your specific situation.

Helpful Hints

• Obtain multiple certified death certificates early for banks and insurers.
• Confirm whether the decedent left a will to determine if administration is necessary.
• Compile a preliminary asset list (bank accounts, real estate, personal property).
• Check your parish clerk’s website for any recommended local forms or guidelines.
• Discuss bond requirements with the clerk; heirs can waive bonds in writing.
• Keep meticulous records of notices sent and published.
• Consider consulting a succession attorney for complex estates or disputes.