How to Compel an Estate Accounting in Louisiana

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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

Requesting an Accounting in a Louisiana Succession: What Heirs and Interested Parties Need to Know

Disclaimer: This article is for general information only and is not legal advice. Laws change and this does not create an attorney-client relationship. Consult a Louisiana attorney about your specific situation.

Detailed answer — Can the court order an accounting during probate (succession) in Louisiana?

Yes. Under Louisiana succession law, heirs, legatees, creditors, and other interested parties can ask the court to require the succession representative (sometimes called the administrator or executor in other states) to render a full accounting of estate assets, receipts, disbursements, and distributions. The court has authority to compel production of accounting records, review them, and take remedies if the accounting is incomplete or shows improper conduct.

Why the court can and will order an accounting:

  • The succession representative owes duties to the estate and its beneficiaries to preserve assets, pay valid creditors, and deliver proper distributions. A clear accounting shows whether the representative fulfilled those duties.
  • The court supervises succession administration. When beneficiaries or creditors challenge the actions of the representative or request information, the court may require an accounting or hold a hearing to review the account.

How you typically ask the court to demand an accounting

  1. File a written petition (or motion) in the succession case asking the court to compel the representative to render an accounting. Identify the succession case number and the representative by name.
  2. In the petition, describe why you seek an accounting: missing information, suspected mismanagement, large unexplained transactions, lack of filed inventory, or refusal to provide records informally.
  3. Ask for specific relief: an order that the representative file a detailed account with supporting documents (bank statements, receipts, cancelled checks, ledgers, tax returns, appraisals, inventory) and set a date for a hearing if needed.
  4. The court will set a hearing or issue a rule (show cause) ordering the representative to produce the documentation and explain transactions in court.

What an estate accounting should show

A proper accounting typically lists:

  • All assets at the start of administration (with valuations and supporting appraisals).
  • All receipts the representative collected (sales, rents, dividends, bank interest, insurance proceeds).
  • All disbursements made on behalf of the estate (funeral expenses, taxes, creditor payments, administrative costs, repairs).
  • Any assets sold or transferred and the reason for the sale (with sale documents and appraisals).
  • Proposed distributions to heirs or legatees with calculation showing how the distribution was computed.

What the court can do if the accounting is inadequate or shows problems

  • Order the representative to supplement the account with missing records.
  • Order a formal audit of the account or appoint an expert to review transactions.
  • Surcharge the representative (require repayment) for improper or negligent payments.
  • Remove the representative for malfeasance, neglect, or failure to account.
  • Award costs or attorney fees in certain circumstances if the representative acted in bad faith.

Where to look in Louisiana law

Louisiana’s succession provisions and court supervision come from the Louisiana Civil Code and the state’s court rules governing successions and administration. For statutory language and local rules, consult the official Louisiana Legislature site:

Because succession rules include both substantive Civil Code provisions and procedural requirements handled in the succession docket, many courts rely on the Civil Code and local court practice. If you plan to file a petition to compel an accounting, review the succession docket for the case and local court forms or procedures for motions and rules to show cause.

Practical steps before filing

  • Request records directly from the representative in writing. Many issues resolve without court intervention.
  • Collect any documents you already have (wills, bank statements, title documents, correspondence with the representative).
  • Identify specifically what you believe is missing or suspect (dates and amounts).
  • Keep a record of your informal requests and the representative’s responses — the court will want to know you tried to resolve the issue first.

When you should get a lawyer

If the representative refuses to cooperate, if large sums are at stake, if you suspect theft or fraud, or if you are unfamiliar with court procedure, consult a Louisiana attorney who handles successions. An attorney can draft the petition, assemble evidence, and represent you at hearings where the court can order an accounting and impose remedies.

Helpful hints

  • Be specific in your petition. Courts prefer clear statements of what you want produced and why it matters to estate administration.
  • Ask the court for production of documents as well as a written accounting. Paper trails (bank statements, cancelled checks, invoices) are often decisive.
  • Keep communications civil and documented. Courts look favorably on parties who try to solve matters without court involvement.
  • Know the representative’s duties: preserve estate assets, provide an inventory/account, pay lawful claims, and distribute remaining property.
  • Act promptly. Delays can make it harder to trace transactions and to obtain effective court relief.
  • Consider limited, practical remedies first: informal mediation, narrow discovery requests, or a court-ordered interim accounting before seeking removal of the representative.
  • If you suspect criminal wrongdoing (theft, embezzlement), contact local law enforcement as well as your civil remedies; criminal and civil processes run separately.

For specific statutory language and local rules, search the Louisiana statutes and your parish court’s succession procedures at the Louisiana Legislature’s site: https://www.legis.la.gov/Legis/LawSearch/.

Need help finding a Louisiana attorney experienced with successions? Consider contacting the Louisiana State Bar Association referral service or your local parish court clerk for a list of local probate/succession practitioners.

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.