Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under Louisiana law, when a decedent’s heirs refuse to cooperate, an heir can ask the court to appoint an interim administrator or order a sequestration of the estate’s bank accounts to preserve assets until succession opens. Two key provisions govern this process:
- Interim Administrator (La. Code Civ. Proc. art. 3591–3593): an heir may petition for an interim administrator to protect estate property when heirs delay opening the succession. (C.C.P. art. 3591)
- Sequestration (La. Code Civ. Proc. art. 3601–3607): a provisional seizure of specific estate assets, such as bank accounts, by court order and writ delivered to the bank. (C.C.P. art. 3601)
To secure or freeze the decedent’s bank accounts, you generally file a single petition combining both requests. The petition and supporting documents must be filed in the decedent’s domicile parish.
Required Documentation
- Certified Death Certificate. A full, court-issued copy proving the date and place of death.
- Petition for Interim Administrator and Sequestration. A signed petition that:
- Identifies the decedent and parish of domicile.
- Names the petitioner as an heir (include relationship).
- Alleges heir non-cooperation jeopardizes estate assets.
- Specifically requests appointment of an interim administrator (C.C.P. art. 3591) and a writ of sequestration of bank accounts (C.C.P. art. 3601).
- Heirship Affidavit. An affidavit under La. Rev. Stat. 9:2441 listing all heirs, their relationships, and contact information. (R.S. 9:2441)
- Proposed Order and Writ. A draft order appointing the interim administrator and directing the clerk to issue a writ of sequestration to each bank holding estate funds. Include bank names and account numbers.
- Oath and Bond of Interim Administrator. Upon appointment, file the administrator’s oath and a surety bond (amount set by the court). (C.C.P. art. 3593, read here)
- Notice to Co-Heirs. A certificate of service showing that all known co-heirs received the petition and notice of the hearing at least five days before the hearing date. (C.C.P. art. 2323)
After filing, the court will schedule a hearing. If it finds good cause, it will appoint the interim administrator and issue the sequestration writ. Banks must freeze the accounts upon receipt of the writ.
Helpful Hints
- Identify all potential heirs upfront to avoid delays in service.
- Obtain multiple certified death certificates for banks and other institutions.
- Consult banks early to learn their internal procedures for writs of sequestration.
- Prepare a detailed inventory of all estate bank accounts and balances.
- Track deadlines: successions must be opened within three years (La. Civ. Code art. 3451).
- Consider hiring counsel: freezing assets often requires navigating complex procedural rules.