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This guide explains the typical court steps and practical proof you will need in Louisiana when a deceased spouse left no assets and you want to formally close the succession (estate). This is an educational overview only and not legal advice — consult a Louisiana attorney or the court clerk for actions that fit your situation.

Step 1 — Confirm whether a succession exists and which procedure applies

In Louisiana, a succession (probate) begins when someone dies owning assets in their name. Even when you believe there are no assets, the court may require a formal record showing that the succession contains nothing to administer. Courts commonly use either a simplified (summary) succession process or a formal succession procedure depending on whether assets, creditors, or disputes exist. For official Louisiana statutes and court rules, see the Louisiana Legislature site: https://www.legis.la.gov/.

Step 2 — Gather the documents the court and third parties will expect

Collect documents that prove the deceased had no assets (or that all assets have been closed/transferred). Typical items include:

• Death certificate (official certified copy).
• Marriage certificate (to prove spousal relationship) and identification for the surviving spouse.
• Will or other testamentary documents, if any.
• Bank and brokerage statements showing final account balances (dated after date of death and reflecting zero or closed accounts).
• Written statements or affidavits from financial institutions confirming accounts closed or balances zeroed out.
• Mortgage payoff letters, vehicle lien releases, and statements showing no real property liens or outstanding secured debt.
• Final bills and receipts (funeral expenses, medical bills) and proof that those obligations have been paid or that no unpaid debts remain.
• Copies of tax returns or tax clearance letters if the estate filed final returns.

Step 3 — Prepare a short inventory or affidavit for the court

Most Louisiana courts accept a brief sworn inventory or an affidavit from the surviving spouse (or heir) listing all known assets and debts and stating that no estate assets exist (or that assets were minimal and have been fully distributed or extinguished). This document should reference the supporting statements from banks and creditors. Label and attach supporting documents so the court can verify the zero-balance statements without contacting each institution.

Step 4 — File the correct pleading with the succession court

You will need to file a petition or motion asking the court to recognize that the succession has no assets (or is fully administered) and to close the succession. The exact name and required contents of the pleading vary by parish and court. Typical filings include:

• A Petition for Possession and to Close Succession (or similar short motion asking for homologation of the inventory/affidavit and a decree closing the succession).
• A proposed judgment or order the judge can sign, showing the court’s findings and directing the clerk to close the succession records.

File at the clerk of the district court where the decedent was domiciled. The clerk can provide local form names and fee information.

Step 5 — Give notice to creditors and interested persons if required

Even when assets are zero, the court may require notice to known creditors and publication in a legal journal so unknown creditors have an opportunity to file claims. Follow the court’s instructions about who must be served and whether you must publish notice. Keep proof of all notices and publications to file with the court.

Step 6 — Attend the hearing (if the judge requires one) and obtain a closing order

If the court schedules a hearing, bring originals of the proof you collected. The judge will review the inventory/affidavit and supporting statements. If the judge is satisfied that no assets remain and that notice requirements have been met, the court will sign an order or judgment closing the succession and discharging any appointed administrator or possessory heir from further duties.

Step 7 — Keep the court order and finalize practical matters

After the court signs the final order:

• Keep certified copies of the closing order with your records.
• Use the court order to clear title records, close residual accounts, and provide proof to tax authorities or other agencies if they request verification that the succession is closed.
• If creditors later appear with valid claims, the closing order may affect how those claims are handled—consult counsel if a creditor demand arises after closure.

When a short, informal path may exist

When there truly are no assets, some courts allow a short affidavit procedure for immediate closure. Other parishes require a formal petition and a brief waiting period. Check local court rules or ask the clerk what filing will quickly document a zero-balance succession in that parish.

Common pitfalls to avoid

• Relying on verbal statements from banks — get written confirmation or formal affidavits showing that accounts are closed or have zero balance.
• Failing to identify all potential assets (retirement accounts, payable-on-death designations, small personal property, digital assets). The court and creditors may treat undisclosed assets differently after a closing order.
• Assuming creditors cannot surface later — keep documentation in case a claim appears after closure and ask an attorney about protections and possible reopening procedures.

For details on Louisiana succession law and court procedure, consult the Louisiana Legislature site and local district court clerk: https://www.legis.la.gov/. For practical forms and local rules, contact the clerk of the district court where the decedent was domiciled.

Disclaimer: This page is informational only and does not provide legal advice. Laws and court rules change. Contact a licensed Louisiana attorney to advise you about your specific situation.