Detailed answer: an overview of the steps under Louisiana law

When a parent dies and they had ties to more than one state, you will usually need to complete succession (Louisiana’s term for probate) in the decedent’s state of domicile and separately address real property located in any other state. Under Louisiana law, succession proceedings occur in the district court of the parish where the decedent was domiciled at death. Property located outside Louisiana (immovable property such as land and buildings in another state) typically must be cleared or transferred through the courts or procedures of the state where that property sits (often called ancillary administration).

Below is a step-by-step roadmap you can follow. Adjust the steps to reflect whether the decedent was domiciled in Louisiana or another state:

1) Confirm domicile and identify affected jurisdictions

– Domicile determines where the primary succession will be opened: the parish where the decedent lived and considered domiciled at death. If your parent was domiciled in Louisiana, open succession in that parish. If your parent was domiciled outside Louisiana but owned immovable property in Louisiana, the primary succession may occur elsewhere and you will open an ancillary succession in Louisiana for that property.

– For any real estate outside the decedent’s domicile state, plan for ancillary proceedings in the state where the real estate is located.

2) Locate essential documents

Gather the decedent’s will (if any), death certificate, deed and title documents for real estate, bank statements, stock certificates, insurance policies, retirement account information, bills, and prior tax returns. You will need certified copies of the death certificate for courts, banks, and title companies.

3) Decide the type of succession proceeding

– Regular succession (court proceeding): Use when the estate is complex, includes immovable property, or there are disputes among heirs.

– Small succession procedures or affidavits: Louisiana and many other states offer simplified procedures for small estates or for transferring personal property. These can be faster and cheaper than a full succession when eligible. Check the parish court’s rules and local statutes to determine eligibility.

4) Open succession in the correct court

– File a petition for succession in the appropriate district court (parish) in Louisiana when the decedent was domiciled here. The court will issue letters (commonly called letters of administration, administration testamentary, or similar documents) that authorize the administrator or executor to act on behalf of the estate.

– If the decedent’s primary succession is in another state but they owned Louisiana immovable property, file an ancillary succession in Louisiana’s district court for the parish where the property is located.

For official Louisiana law resources and to search statutes and code sections related to successions, see the Louisiana Legislature law site: https://legis.la.gov/

5) Inventory, appraisement, and securing assets

The executor/administrator must identify, collect, and secure estate assets, and often prepare an inventory and value of the estate’s property. This step helps determine creditor claims and distribution amounts.

6) Deal with creditors and pay valid debts

Notify known creditors and follow applicable procedures for claims. Pay validated debts from estate assets before distributing inheritances, subject to priority rules under Louisiana law.

7) Transfer of property located in another state (ancillary administration)

– Real property located outside the state of primary succession typically cannot be transferred solely through the primary court’s order. You generally must file ancillary probate or a local transfer action in the state where the real estate is located.

– Ancillary administration in the other state is usually limited to assets located there (often immovable property and sometimes bank accounts or personal property located there). The personal representative appointed by the primary succession may seek recognition in the other state by presenting certified documents (exemplified letters, a certified copy of the Louisiana judgment or succession order, and the death certificate) to the foreign court or register of deeds.

– Some states permit transfer via an ancillary petition or a foreign probate recognition proceeding; some allow a certified copy of letters testamentary or administration to be recorded to clear title. A title company or local attorney in the other state can confirm the required documents and process.

8) Transfer title and record deeds

Once the foreign jurisdiction recognizes the representative’s authority, you can transfer or record deeds, clear liens, and update the property’s title in the other state. Work with a local title company and, when necessary, an attorney licensed in that state to complete recordings that satisfy local requirements.

9) File tax returns and finalize distribution

Pay any final income taxes for the decedent, file estate tax returns if required (federal estate tax may apply to large estates), and make distributions to heirs according to the will or intestacy rules. Louisiana does not currently have a separate state estate tax, but check current law or a tax adviser regarding filing obligations. For federal estate tax information, see the IRS: https://www.irs.gov

Checklist: Documents you will likely need

• Certified death certificate(s)
• Original will and codicils (if any)
• Deeds and mortgage documents for real estate
• Bank account statements and safe-deposit box contents
• Titles for vehicles and other titled property
• Life insurance and retirement account beneficiary designations
• Recent tax returns
• Debt statements (credit cards, loans) and bills
• Identification for the proposed administrator/executor

Key points about handling out-of-state property

• If the decedent owned immovable property (real estate) in another state, you will likely need an ancillary probate or transfer action in that state to change title there.
• Personal property located in another state may sometimes transfer via affidavit or small estate procedures in that state—requirements vary by state.
• Certified court documents from the primary succession (letters testamentary/administration; certified copies of the judgment opening the succession) are usually required by the other state’s court or registry.
• Title companies, county recorders, or local counsel in the state where the property sits can confirm which documents must be recorded and whether a full ancillary administration or a simplified process will suffice.

Taxes, deadlines, and creditor considerations

– Louisiana procedures set priorities for debts and distributions—pay valid debts before making distributions.

– Federal estate tax filing and payment deadlines apply when the estate meets the federal exemption level. Consult a tax professional about amounts and due dates. See IRS estate and gift tax guidance at https://www.irs.gov

– Statutory notice and claims deadlines exist; missing a required procedure could expose heirs or the personal representative to liability. Work with an attorney to avoid missed deadlines.

When to hire an attorney

Consider hiring a Louisiana attorney if any of the following apply:

• The estate includes immovable property in multiple states
• There is no will, or the will is contested
• Heirs disagree about distributions
• The estate includes business interests, complex assets, or potential large tax issues
• You prefer someone to prepare court filings, inventories, and creditor notices

If you must pursue ancillary administration in another state, you may also need local counsel there to handle filings or to work with a title company.

Helpful Hints

• Start by determining domicile and locating the original will—this controls where primary succession happens.
• Obtain multiple certified death certificates early; many institutions require them.
• Contact a title company where the out-of-state real estate is located to learn local recordation requirements before filing ancillary petitions.
• Ask whether a simplified or small succession procedure applies both in Louisiana and in the other state; this can save time and money.
• Keep a clear file with dates, copies of filings, receipts for estate payments, and correspondence; good records help during accounting and distribution.
• Notify banks, insurers, and agencies early to prevent unnecessary fees or account holds.
• Be cautious about relying on beneficiary designations (retirement accounts, life insurance): these assets often pass outside succession to named beneficiaries, but you should confirm how each asset is titled.
• If multiple states are involved, coordinate deadlines and processes—proceed on the primary succession first so you have letters or court orders to present to the other state.
• Get professional help for tax returns and for clearing title on immovables in other states to prevent future disputes.