When you open a probate succession in Louisiana, you must properly serve all interested parties to move the case forward. This article explains the requirements and best practices for serving court orders in a Louisiana probate matter.
Detailed Answer
In Louisiana, service of court orders and citations in a probate succession requires adherence to the Louisiana Code of Civil Procedure (CCP). After filing the probate petition and obtaining the court’s order or citation, you must serve each heir, legatee, creditor, and other interested parties before proceeding with inventories, hearings, or distribution.
1. Manner of Service (La. C.C.P. Art. 1311)
La. C.C.P. Art. 1311 (link) authorizes service by:
- Personal service by the sheriff, constable, or private process server;
- Certified mail, return receipt requested delivered to the party’s address;
- Agreed regular mail with signed acknowledgment of receipt by the recipient.
2. Service by Publication (La. C.C.P. Arts. 1313–1314)
If an interested party’s address is unknown after diligent search, you may request service by publication. Under La. C.C.P. Art. 1313 (link) and Art. 1314 (link), you must:
- File an affidavit detailing your efforts to locate the party;
- Publish notice in a newspaper of general circulation in the decedent’s parish for at least 21 consecutive days;
- Wait until 30 days after the last publication before filing proof of publication.
3. Proof of Service
Once service is complete, file the following with the clerk of court to advance the probate:
- The officer’s return of service or process server’s affidavit;
- Signed return receipts for certified mail;
- Proof of publication and related affidavits, if published;
- Any acknowledgments or waivers from recipients.
After proof is on record, you may schedule required inventories and judicial hearings under La. R.S. 9:3801 et seq. (link).
Helpful Hints
- Begin service immediately after receiving the citation to prevent statutory deadlines from lapsing.
- Maintain a detailed log of all service attempts, including dates, methods, and outcomes.
- For nonresident or out-of-state heirs, default to certified mail and track delivery online.
- Consult the parish clerk of court for approved newspapers when publishing notices.
- If you struggle to locate heirs, consider hiring a probate researcher or investigator.
Disclaimer: This article provides general information about Louisiana probate procedure. It is not legal advice. Consult a licensed attorney for guidance specific to your circumstances.