Detailed Answer
In Louisiana, you must file a succession (estate administration) in the correct parish court. Venue rules ensure you open or transfer a decedent’s estate in a parish with a logical connection to the decedent.
1. Parish of Domicile
Under Louisiana Code of Civil Procedure Article 4191, you generally open a succession in the parish where the decedent was domiciled at death. “Domicile” means the place where the person had their principal establishment with intent to remain. See La. C.C.P. art. 4191.
2. Parish of Immovable Property
If the decedent owned immovable property (real estate) in a different parish, you may open or transfer venue to that parish. This allows creditors and heirs connected to that property to participate more easily. See La. C.C.P. art. 4191.
3. Consent or Interpleader
Heirs or creditors can consent to open the succession in another parish. You file a written waiver of venue. Alternatively, multiple venue options can lead to interpleader over the correct forum when parties dispute venue.
4. Transferring a Succession
If you initially open in the wrong parish, you can seek a transfer. File a motion to transfer under Article 4201, showing improper venue or convenience of parties. Once granted, the clerk remits all papers to the correct court.
5. Hypothetical Example
Suppose Marie lived in Orleans Parish but owned a vacation home in St. Tammany Parish. Her heirs could open succession in Orleans Parish (domicile) or St. Tammany Parish (immovable property). If one heir lives in Baton Rouge, they might all agree to transfer to East Baton Rouge Parish for convenience by filing consents.
Disclaimer: This article provides general information under Louisiana law. It is not legal advice. Consult an attorney for guidance on your specific situation.
Helpful Hints
- Determine the decedent’s domicile by reviewing driver’s license, tax returns, or utility bills.
- List all parishes with immovable property owned by the decedent.
- Use written waivers when heirs agree to change venue.
- File early: venue objections waive if you participate without raising them.
- Consult the Louisiana Code of Civil Procedure Articles 4191–4201 for full rules.