Louisiana: How to Qualify to Be the Administrator of a Sibling’s Estate (Intestate Succession)

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

How to qualify to be the administrator of a sibling’s estate in Louisiana

Disclaimer: This article is for general information only and is not legal advice. Consult a licensed Louisiana attorney for legal advice about any specific situation.

Detailed Answer

If a person dies without a will (intestate) in Louisiana, their estate passes through the state succession process. Louisiana courts appoint a representative (often called an administrator or a succession representative) to collect assets, pay debts, and distribute property to heirs under Louisiana law. To qualify to be appointed as the administrator of a sibling’s estate, you must meet basic eligibility requirements and follow the court steps described below.

Who can be appointed?

The court generally gives appointment priority to the persons who are nearest in degree to inherit under Louisiana’s intestate succession rules. Common principles that affect qualification:

  • If the decedent left a surviving spouse or descendants (children, grandchildren), those people typically have first priority over more remote relatives such as siblings.
  • If there is no surviving spouse, no descendants, and the parents are deceased or otherwise not inheriting, siblings are next in line to inherit and to be considered for appointment.
  • You must be an adult with legal capacity and not disqualified by statute or for cause (for example, certain felony convictions or conflicts of interest may disqualify a person in some circumstances).

Because Louisiana’s rules on succession and priority are set out in the Louisiana Civil Code and procedural statutes, check the text of those laws for the precise order of priority. You can search the Louisiana statutes and civil code at the Louisiana Legislature website: https://legis.la.gov.

Typical steps to get appointed as administrator

  1. Confirm you are an heir or have standing. Determine whether the sibling’s nearest heirs include you (for example, there is no surviving spouse, no children, and the parents are deceased). If you are among the heirs who are entitled to inherit, you generally have standing to petition to be appointed.
  2. Locate the correct court. Succession matters are filed in the district court in the parish where the decedent was domiciled.
  3. File a petition for appointment of administrator (petition for succession). The petition asks the court to open a succession, recognizes heirs, and requests appointment of a particular person (you) as administrator. The petition must identify known assets, heirs, and known creditors if possible.
  4. Provide notice to interested parties. The court will require notice to heirs and possibly creditors. If heirs agree to your appointment, that simplifies the process.
  5. Post bond or other security if required. Courts commonly require an administrator to post a bond to protect the estate against mismanagement, though the court may waive or reduce the bond in certain situations or where the heirs consent.
  6. Attend the hearing and receive letters of administration. After the court reviews the petition and any objections, it issues letters of administration or similar documents that legally empower you to act on behalf of the succession.
  7. Perform administrator duties. Those duties include collecting assets, identifying and notifying creditors, paying valid debts and taxes, preparing inventories/accounts, and distributing the remainder to heirs under Louisiana law.

Typical documents and information you should gather

  • Death certificate
  • Identification for you and other heirs
  • Records of the decedent’s assets (bank accounts, titles, insurance, retirement accounts)
  • List of known creditors and bills
  • Any documents that may indicate a will (even a handwritten note)

Hypothetical: how this works in a common sibling-only case

Imagine your brother in New Orleans died without a spouse, children, or surviving parents. You and two other siblings are the only heirs. You may petition the district court in the parish where your brother lived to open his succession and ask to be appointed administrator. If the siblings agree that you should serve and the court finds no disqualifying reason, the court will typically appoint you, possibly require a bond (which could be reduced or waived by agreement), and issue letters of administration so you can manage the estate and eventually distribute the property according to Louisiana intestacy rules.

Where to find the law

Key rules on intestate succession and succession procedure appear in the Louisiana Civil Code and related procedural statutes. For the official text and to confirm current statutory language, see the Louisiana Legislature site: https://legis.la.gov. You can also search the Civil Code for “successions” and “intestate succession” on that site.

Helpful Hints

  • Talk with the other heirs early. If heirs agree, the appointment and administration process is faster and cheaper.
  • Gather and preserve records immediately: bank statements, titles, and insurance policies are crucial.
  • Look for any will before filing. A will changes the process and may name a different testamentary representative.
  • Be prepared to post a bond unless the court waives it. Ask the clerk what the likely bond amount will be.
  • Keep careful financial records and receipts. As administrator you must account to the court and to the heirs.
  • Notify potential creditors. Louisiana has specific procedures and timelines for creditor claims in a succession—missing steps can expose you to personal liability.
  • Consider the size of the estate. Louisiana offers simplified or informal processes for small successions in some cases. Ask the court clerk or an attorney whether a simplified route applies.
  • Consult a Louisiana attorney if there are disputes, complex assets (like business interests, out-of-state property, or contested debts), or potential disqualifications.

Again, this is general information and not legal advice. For help applying these rules to a real case or preparing and filing court papers, consult a licensed attorney in Louisiana or contact the district court clerk in the parish where the decedent lived.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.