Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Louisiana attorney for guidance on your specific matter.
Detailed Answer
When you file a succession petition in Louisiana, the court must set a hearing date to admit the will or appoint an administrator. Under La. C.C.P. art. 3395, the judge fixes a date after accepting the petition. If no hearing date appears on the docket or in the clerk’s notice, follow these steps to request and schedule it:
- Verify the Filing: Confirm the clerk has filed and stamped your petition. Check the civil docket sheet or your parish’s online case portal for any existing hearing date.
- Draft a Motion to Set Hearing: Prepare a simple motion titled “Motion to Set Hearing on Succession Petition.” State that no hearing date has been assigned and ask the court to fix one. Cite La. C.C.P. art. 2591 for rule procedure.
- File the Motion: Submit the original motion to the clerk’s office with the applicable filing fee, civil cover sheet, and a proposed order form featuring a blank line for the hearing date.
- Clerk’s Assignment: After review, the clerk or judge will sign an order setting a date and time for your hearing. You’ll receive formal notice via mail, email, or the court’s electronic filing system.
- Serve Notice: Serve all interested parties—heirs, legatees, and known creditors—with notice of the hearing at least 10 days before the date. Use certified mail, personal service, or another method allowed by local rules.
- Attend the Hearing: On the scheduled date, appear with your verified petition, death certificate, and any required exhibits. Be prepared to answer questions, resolve objections, and confirm supporting documents.
In many parishes, you may also contact the clerk’s office by phone or use its online scheduling portal to request a hearing date. Always confirm the assignment in writing to avoid miscommunication.
Helpful Hints
- Monitor the court’s docket daily after filing to catch any updates.
- Use a clear caption and concise language in your motion.
- Attach a proposed order with a blank hearing date line to speed up processing.
- Maintain proof of service for every notified party to prevent delays.
- Review local court rules or the clerk’s procedures for specific notice deadlines.
- Consider consulting a Louisiana attorney if you face contested issues or complex estates.