Detailed Answer
Short answer: In Louisiana, once a succession account has been carefully rendered and the court has approved (homologated) it, overturning that approval more than a year later is difficult but sometimes possible. Your realistic options depend on why you are contesting the account (lack of notice, fraud, newly discovered assets, or fiduciary misconduct), whether the court’s ruling was a formal judgment, and whether any applicable prescriptive (statute of limitations) or peremptive periods have run. Because procedures and timing vary, you should speak with a Louisiana probate attorney promptly.
This section explains the typical pathways people use to challenge an approved accounting, what facts help each pathway, and practical next steps.
What an approved account means
When a succession representative (executrix, executor, or administrator) files a final account, the court may approve or homologate that account. Homologation confirms the account and generally makes it final as to the parties who received notice and had an opportunity to object. A homologated account functions much like a judgment: it creates finality and can bar later claims that were available and could have been raised earlier.
Common legal avenues more than a year after approval
- Challenge the judgment itself (annulment/nullity): If the account was approved based on fraud, forgery, lack of jurisdiction, or if you did not receive required notice, you may be able to seek annulment of the homologation judgment. Courts treat lack of notice or jurisdiction as serious defects that can justify setting aside a judgment, even when significant time has passed. Success depends on strong proof that (a) you were entitled to notice, and (b) the lack of notice or other defect undermined the court’s ability to decide the matter fairly. These actions are technical; you must explain why ordinary remedies (appeal, motion for new trial) are not available or were inadequate.
- File an independent action against the fiduciary (breach of fiduciary duty, conversion, or accounting): If the successor or administrator misappropriated assets, hid assets, or otherwise violated fiduciary duties, you may bring a separate civil claim for damages or for an accounting. Even if an account was homologated, courts sometimes permit a later action when the wrongdoing was concealed and discovered only afterward. Timing depends on Louisiana prescription rules for the particular cause of action (for example, actions for conversion or fraud have their own prescriptive periods), so prompt action is important.
- Petition to reopen the succession for newly discovered assets: If assets were omitted from the account because they were unknown to the fiduciary, you can petition the court to incorporate those assets into administration and to surcharge the fiduciary if necessary. Whether the court will reopen the succession often depends on the nature of the omission and whether the executor’s failure was intentional or negligent.
- Seek equitable remedies (reformation, rescission, or surcharge): Where the account contains mathematical errors, misallocations, or clear misstatements, the court has equitable power to correct or surcharge the account when presented with reliable proof. Courts are usually more willing to correct concrete accounting errors than to relitigate discretionary distributions after a long delay.
Key facts that affect your chances
- Did you receive proper, timely notice of the account and the hearing? Lack of notice strengthens a challenge to homologation.
- When did you first learn of the problem or misconduct? Many remedies are measured from the date of discovery.
- Is there documentary evidence (bank records, cancelled checks, forensic accounting) showing misappropriation, omissions, or fraud?
- Was the final account structured as a formal judgment or homologation order? Formal judgments carry res judicata and preclusion consequences.
- Are there third-party creditors or other beneficiaries whose rights would be affected?
Practical steps to take now
- Preserve all evidence: collect the filed account, congruent court orders (homologation order), bank statements, correspondence, and anything that suggests omitted or misapplied assets.
- Confirm your status and notice history: determine whether you were a named beneficiary or creditor, and whether the court docket shows any notice was mailed to you.
- Talk to a Louisiana probate attorney quickly: they will evaluate whether you can seek annulment of the homologation, file an independent claim against the fiduciary, or petition to reopen the succession.
- Consider forensic accounting early if missing or concealed assets are suspected. A report can be persuasive in court and may be needed to survive prescriptive defenses.
Where to look in the law
Succession and probate procedure in Louisiana are governed by the Louisiana Civil Code and the Louisiana Code of Civil Procedure, and the Legislature’s website provides searchable texts of the codes. For general research, use the Louisiana Legislature’s law search: https://legis.la.gov/Legis/LawSearch.aspx. For court procedure and deadlines (appeals, motions for new trial, annulments), consult the Louisiana Code of Civil Procedure in the same law search tool. Because different remedies rely on different legal rules (annulment, fraud claims, or fiduciary breach), an attorney can point you to the specific articles and applicable prescriptive periods for your situation.
Hypothetical example: Jane is a beneficiary of her mother’s succession. The administrator filed a final account and the court homologated it 14 months ago. Jane recently found bank statements showing a $75,000 deposit that does not appear in the filed account. Jane did not receive direct notice of the account hearing. In this scenario, Jane’s best routes are (1) ask counsel about an annulment of the homologation for lack of notice, and (2) simultaneously consider an independent action against the administrator for concealment and breach of fiduciary duty. Time is important: Jane should act quickly to preserve evidence and evaluate prescription concerns.
Helpful Hints
- Act quickly. Even if the account was approved over a year ago, some claims survive if discovered later — but many remedies have short windows or depend on the date you discovered the wrongdoing.
- Collect documents now: court filings, the homologation order, bank records, cancelled checks, and communications with the administrator.
- Don’t rely on informal conversations with the administrator. Get any admission or explanation in writing or through counsel.
- Ask about preservation letters and forensic accounting early — hidden assets often require professional tracing.
- Understand the difference between attacking the homologation itself and suing the fiduciary in a separate civil action. Remedies and timelines differ.
- Be prepared to show why you could not have raised the issue earlier (lack of notice or concealed fraud). Courts are less likely to reopen matters that were openly litigable at the time.
- Consult a Louisiana attorney experienced in successions and fiduciary litigation — probate procedure in Louisiana is specialized and fact-driven.