Disclaimer: I am not a lawyer. This article provides general information about Louisiana succession (probate) procedures and does not constitute legal advice. For guidance specific to your situation, consult a licensed Louisiana attorney.
Detailed Answer
If a person who owned property or was domiciled in Louisiana has died and you live out of state, you can still begin the Louisiana succession (probate) process. Below are clear, step-by-step actions and what to expect under Louisiana law so you can move forward efficiently.
1. Confirm whether a succession must be opened in Louisiana
Louisiana succession courts have authority when the decedent was domiciled in Louisiana at the time of death or owned immovable property (real estate) in Louisiana. If the decedent’s Louisiana connections are unclear, the local parish succession court where property or domicile was located is the place to begin inquiries. For official text and statutes, consult the Louisiana legislative website: https://legis.la.gov/Legis/LawSearch.aspx (search for “successions” or “succession”).
2. Find the will (if any) and get certified death certificates
Search for a will among the decedent’s papers, safe-deposit boxes, attorney files, or with family. Obtain multiple certified copies of the death certificate from the vital records office in the state where the death occurred. Courts and banks require certified copies.
3. Decide where to open the succession (parish court)
Succession proceedings are filed in the parish (county) court where the decedent was domiciled or where immovable property is located. If the estate has immovable property in multiple Louisiana parishes, consult the clerks in the relevant parishes or an attorney to determine the correct venue for each property.
4. Choose the right procedural route
Louisiana offers different procedures depending on the estate size and whether a will exists. In many cases you will:
- File a petition to open succession (with will annexed if applicable),
- Seek appointment as succession representative (executor/administrator), or accept court appointment of another representative,
- Provide required notices (to heirs and creditors), and
- Inventory and settle assets, pay creditors, and distribute remaining property.
5. How to act when you live out of state
You have several practical options:
- Hire a Louisiana attorney to handle filings and court appearances on your behalf. This is the usual choice when residents live out of state.
- File documents by mail or electronically if the parish clerk allows it. Many clerks accept mailed petitions, certified copies, and pleadings; check the specific parish clerk’s website or call the clerk’s office.
- Appoint a local agent through a power of attorney for non-probate tasks (bank account access, property maintenance). Note: a power of attorney does not substitute for court appointment as succession representative.
- Appear remotely only if the court and judge allow telephonic or video appearances; confirm with the clerk ahead of time.
6. Documents and information you will likely need
- Certified death certificate(s).
- The original will, if one exists, and any codicils.
- Full legal names, ages, and contact information for heirs and potential creditors.
- List of assets (bank accounts, real estate, vehicles, retirement accounts, life insurance, personal property) and any account numbers or titles.
- Titles, deeds, account statements, and insurance policies.
- Any prior court orders affecting the decedent (divorce, bankruptcy, guardianship).
7. Appointment of the succession representative
When you petition the court, you can ask to be appointed as the succession representative (executor/administrator) if you are an eligible heir or named in the will. If the court appoints someone else, that person has the legal authority to collect assets, pay debts, and distribute property. A Louisiana-licensed attorney can accept appointment and administer the estate if needed.
8. Notices, creditors, and timelines
Louisiana requires notice to heirs and may require notice to creditors. The court typically sets a deadline for creditor claims. The representative must identify estate assets, pay valid claims, and distribute the remainder to heirs. Some procedures and deadlines vary by parish and estate complexity, so check with the local clerk or an attorney.
9. Special Louisiana issues to consider
- Community property rules: Louisiana follows community and separate property principles. Marital property classification can affect succession outcomes.
- Forced heirship: Louisiana law provides protections for certain heirs in some circumstances (e.g., minors). That can limit a testator’s ability to disinherit some heirs.
- Immovable property (real estate): If the decedent owned real estate in Louisiana, confirmation of title and appropriate filings in the parish land records are important.
10. When to hire a Louisiana attorney
Hire an attorney if any of the following are true:
- The estate is complex (real estate, business interests, significant debts, multiple jurisdictions).
- Heirs dispute the will, heirs, or appointment of the representative.
- You live out of state and prefer someone local to appear in court and manage administration.
- Forced heirship or community property issues arise.
To locate the correct statutes and the governing law text, use the Louisiana legislative site and search for succession-related provisions: https://legis.la.gov/Legis/LawSearch.aspx
Helpful Hints
- Contact the parish clerk of court in the parish where the decedent lived or owned real estate before filing. Clerks can provide filing requirements and forms.
- Collect several certified death certificates right away—banks and government agencies often require originals.
- If you plan to hire counsel, choose an attorney licensed in Louisiana with experience in successions. They can accept service, appear in court, and manage local procedures.
- Ask the bank about “payable on death” (POD) or joint-account rules—some assets pass outside succession and do not require probate.
- Keep careful records and copies of all filings, notices, and correspondence. The representative must account for estate administration.
- Be mindful of statute-of-limitations and creditor notice deadlines; delays can affect estate liabilities and distributions.
- If you are named executor in a will, you typically must present the will to the clerk and request appointment; do this promptly to preserve authority to act for the estate.
If you want help finding the correct parish clerk’s contact or locating a Louisiana attorney experienced in successions, you can contact the Louisiana State Bar Association or the clerk’s office of the relevant parish for next steps.