Overview

Short answer: If a creditor files a claim against a succession (estate) after the 90‑day public notice period in Louisiana, the claim is often untimely and can be rejected or dismissed—but there are important exceptions and procedures that can allow the late claim to be considered. Whether the late claim survives depends on whether the creditor received proper notice, whether the succession representative (or heirs) accepted the succession in a way that exposes estate assets, and whether the court finds good cause to allow the late claim.

How the 90‑day rule works in plain language

When someone dies in Louisiana and a succession (probate) is opened, the succession representative (executor/administrator or an heir opening the succession) typically publishes a legal notice to creditors. Creditors are expected to present their claims against the succession within the 90‑day period that starts from the date of the notice. This deadline gives heirs and the representative time to gather assets and pay valid debts in an orderly way.

What happens if a creditor files after 90 days?

• Claim may be barred as untimely. If the creditor received proper notice and fails to file within 90 days, a court may refuse to recognize or enforce the claim against the succession because the creditor did not comply with the statutory deadline.
• Heirs who accepted the succession purely and simply remain potentially liable. If heirs accepted the succession purely and simply (i.e., without limiting liability), they may remain personally liable for estate debts even if a creditor files late. However, heirs who accepted the succession with benefit of inventory or renounced it have different exposure — the details matter.
• Late claims can sometimes be allowed. A creditor can ask the court to allow a late claim if the creditor can show a valid reason: for example, the creditor did not receive actual or constructive notice, the creditor reasonably relied on misleading information, or extraordinary circumstances prevented timely filing. Courts balance fairness to heirs and the estate against the creditor’s excuse.
• Statutes of limitation and peremption still apply. Even if a late claim is allowed against the succession temporarily, the underlying cause of action may be subject to prescription or peremption (Louisiana’s versions of limitation periods). If the underlying claim has already prescribed or perempted, permitting a late succession claim may not revive the creditor’s right to recover.
• Priority and secured claims. Creditors with valid security interests (mortgages, liens, privileges) can sometimes pursue remedies that survive notice issues. A secured creditor should act quickly to preserve its priority and remedies.

Typical court outcomes

After weighing the issues, a court may:

• Deny the late claim and dismiss the creditor’s request against the succession.
• Allow the claim in whole or in part because the creditor lacked notice or showed good cause.
• Allow limited relief (for example, allow the claim only to the extent of remaining estate assets).
• Require the creditor to join an action against heirs personally if those heirs accepted the succession without limiting liability.

Practical steps for a creditor who filed late

1. Document why the claim was late. Collect communications, billing records, and proof you lacked or did not receive notice.
2. File a motion asking the succession court to consider the late claim and explain the factual excuse for delay.
3. Show that the underlying claim has not prescribed or perempted, or seek relief before prescription runs.
4. If you are secured, preserve your collateral and lien by following post‑death procedures for your type of security.

Practical steps for heirs or representatives who receive a late claim

1. Verify whether the creditor received proper notice (publication and any personal notice required).
2. Review how the heirs accepted the succession (purely and simply, with benefit of inventory, or renounced). This affects personal liability.
3. Object promptly in court if you believe the claim is barred, and ask the court to dismiss it.
4. Preserve estate funds until the court rules on the claim if the claim could be valid—this avoids later allegations of wrongful distribution.

Key legal references and where to read the law

Louisiana law lays out succession and creditor‑notice processes; for background and the text of succession rules, consult the Louisiana Legislature’s official pages and the Louisiana Civil Code and procedural rules. For official sources and to review current language, start with the Louisiana Legislature website: https://legis.la.gov/. You can also review the Louisiana Civil Code sections and Code of Civil Procedure provisions that govern successions and creditor claims on the Legislature site.

When to get an attorney

Consider hiring a Louisiana attorney if any of these are true:

• The late claim seeks a large amount or threatens to deplete estate assets.
• You are an heir who accepted the succession and face possible personal liability.
• You are a creditor with security or other priority you need to protect quickly.
• The facts around notice and delay are complex or contested.

Helpful hints

• Do not assume a late filing is automatically valid. Courts often enforce the 90‑day notice requirement but will consider exceptions.
• If you are an heir, know how you accepted the succession. Acceptance method changes your exposure to late claims.
• Keep careful records of all notices, mailings, and publications related to the succession.
• Act fast. Even a late claimant must move before underlying prescription/peremption runs.
• If you are a secured creditor, take immediate steps to maintain your lien priority and collateral.