Detailed Answer
Short answer: Under Louisiana succession law, persons who have a legal interest in a succession (heirs, legatees, creditors) are entitled to information about the estate. If a proposed administrator is withholding asset information or estate documents, you can (1) make a written demand, (2) ask the clerk of the succession court for filings, (3) seek court intervention to compel an accounting or to remove the administrator, and (4) consider civil claims (surcharge, accounting) or criminal referral if assets are being concealed or misappropriated. This page explains practical steps, your rights under Louisiana law, and how to prepare to act.
What rights do interested persons have?
Louisiana law recognizes that heirs and legatees have a stake in how a succession is administered. The person who administers a succession (an administrator, executor, or provisional administrator) acts as a fiduciary. That fiduciary duty includes a responsibility to identify estate assets, preserve them, and render accounts to interested parties. If the administrator refuses to provide basic information or documents, that refusal can be challenged in the succession court.
First practical steps (do this immediately)
- Send a written request: Ask the proposed administrator in writing (email and certified mail recommended) for a copy of the succession documents and a list of assets, bank accounts, safe deposit boxes, appraisals, title documents, vehicle titles, real estate deeds, and any accountings already prepared. Keep copies of everything you send and any replies you receive.
- Check court filings: Visit or contact the clerk of the district court where the succession was or will be opened. Many courts keep public succession records and filings (petitions, inventories, appointments). Even if an administrator delays, initial petitions and appointments are usually on file.
- Preserve evidence: Collect any documents you already have (wills, deeds, account statements, or communications). Document any suspicious behavior or indications assets are being removed or concealed (photos, witness statements, dates/times).
When to go to court
If informal requests do not work, Louisiana procedural remedies exist to force disclosure and hold a fiduciary accountable. Typical court remedies include:
- Petition to compel an accounting: You can ask the succession court to order the administrator to file an inventory and formal accountings showing receipts, disbursements, and estate distributions.
- Petition for injunction or seizure: If you have credible evidence the administrator is dissipating assets, you may ask the court for emergency relief (a preliminary injunction, sequestration, or an order to freeze certain assets) to prevent loss while the court decides the dispute.
- Petition to remove the administrator: If the administrator has breached fiduciary duties (concealment, failure to account, mismanagement), the court can remove that person and appoint a new administrator.
- Claims for surcharge and damages: A court can order the fiduciary to reimburse the succession for losses caused by misconduct and can require a full account under oath.
Possible criminal issues
Concealing, stealing, or misappropriating estate property can be a crime. If you suspect criminal conduct, you may report the matter to local law enforcement or the district attorney’s office. The succession court’s civil remedies are separate from any criminal investigation or prosecution.
Relevant Louisiana resources
For statutory text and to research provisions about successions and fiduciary duties, use the Louisiana Legislature’s law search and the Successions (Title 9 / Civil Code articles on Successions) entries. You can search the official statutes at the Louisiana Legislature website: https://legis.la.gov/Legis/LawSearch.aspx. (Search terms: “succession,” “administrator,” “accounts,” or “inventory.”)
When to hire a lawyer
If the administrator continues to withhold information, or if you believe assets are in danger, consult an attorney experienced in Louisiana succession and probate matters. An attorney can prepare and file the necessary petitions, request emergency court orders, obtain forensic accounting if needed, and represent you in hearings.
What an attorney can ask the court to do
- Order the administrator to produce a full inventory and formal accounts under oath;
- Require supporting documents (bank statements, closing documents, titles, appraisals);
- Seek removal of the administrator for breach of duty;
- Request sequestration or injunctive relief to preserve assets;
- Pursue surcharge or damages for losses caused by misconduct;
- Refer suspected criminal conduct to prosecutors.
Practical timeline and expectations
Timeframes vary by parish and case complexity. Simple document demands can succeed quickly; contested matters (removal, surcharge, injunctions) can take longer and may require discovery, hearings, and appeals. Acting promptly and keeping good records improves your chances.
Disclaimer: This information is educational and general. It does not constitute legal advice. For advice about your specific situation, consult a licensed Louisiana attorney.
Helpful Hints
- Make all requests in writing and keep dated copies of every communication.
- Ask the court clerk whether the succession file is public and request certified copies of filings if needed.
- Prepare a short list of specific documents to request: inventory, bank statements (last 12–24 months), appraisals, deeds/titles, wills, accountings, and receipts for any distributions or sales.
- If you fear asset dissipation, notify an attorney right away about emergency relief options.
- Collect names of other interested parties (co-heirs, legatees) and consider a joint action — multiple interested persons acting together are often more effective.
- Bring organized documentation (IDs, proof of heirship or beneficiary status, copies of will, any known account numbers) to your first attorney meeting to speed the process and reduce legal fees.
- Use the Louisiana Legislature law search for statute research: https://legis.la.gov/Legis/LawSearch.aspx
- Contact the Louisiana State Bar Association or local bar referral service if you need help finding a probate attorney in your parish.