Detailed Answer — Documents needed to apply for probate appointment and take the oath in Louisiana

Short answer: To open a probate (succession) in Louisiana and apply for appointment (as executor, testamentary executor, or administrator) and to take the required oath, you will generally file a petition with the parish district court where the decedent was domiciled and attach the decedent’s certified death certificate, the original will (if any), a proposed order of appointment, proof of identity for the petitioner, and documents addressing bond (either a bond or a written waiver of bond). You will also provide basic information about heirs and assets. Local clerks use slightly different forms, and additional items may be required depending on the size and complexity of the estate.

What “probate appointment and oath” means in Louisiana

In Louisiana the process to administer a deceased person’s estate is usually called a “succession.” The court appoints someone to manage the succession: a testamentary executor named in a will or an administrator appointed by the court when there is no will. The appointee must accept the appointment, take an oath to perform the duties faithfully, and often post a bond unless a bond is waived.

Where to file

File the initial petition in the district court of the parish where the decedent was domiciled at death. Each parish clerk of court posts specific procedural requirements and local forms; contact that clerk or check their website before filing. (General statutes and guidance on successions are available through the Louisiana Legislature: https://legis.la.gov/Legis/Laws.aspx.)

Common documents required to apply for appointment and take the oath

• Certified death certificate — an official certified copy of the decedent’s death certificate. Clerks will not accept a photocopy of a death certificate.
• Original will (if any) — the original signed will and any codicils. If there is a will, a petitioner usually files a petition for probate (probating the will) and for appointment of the testamentary executor named in the will.
• Petition for probate / petition for appointment — a pleading asking the court to open the succession and appoint the petitioner (or named executor). The petition describes the decedent, the petitioner’s relationship, whether a will exists, and basic estate facts.
• Oath or acceptance form — a written acceptance of appointment and oath form that the appointee signs under oath promising to perform duties faithfully. The clerk or judge will administer the oath or accept a sworn written acceptance in many cases.
• Bond or waiver of bond — a surety bond (if required by the court) guaranteeing faithful performance, or a written waiver of bond signed by the person entitled to waive it (often heirs) or a provision in the will that waives bond for the named executor. If the will expressly waives bond, attach a copy of the will clause evidencing that waiver.
• List of heirs and beneficiaries — names, addresses, and relationships of heirs or testamentary beneficiaries. The clerk or judge needs enough information to allow required notices.
• Inventory or estimate of assets — many courts require at filing a basic list of known assets and their approximate values (bank accounts, real estate, vehicles, personal property). A formal inventory often follows appointment and may be required within a statutory period.
• Identification for petitioner — government-issued ID for the person seeking appointment (driver’s license, passport) and contact information.
• Filing fee and civil cover sheet — fee varies by parish and by size/type of succession. Courts usually require a civil cover sheet or case initiation forms used in that parish’s clerk’s office.
• Affidavits or additional proof — depending on facts, you may need affidavits of heirship (when title transfers are sought), a death certificate for a predeceased heir, or proof of ownership for specific assets (title, account statements).

Situations that change what’s required

• Testate succession (there is a will): the original will must be lodged with the petition. The will often designates the executor and may waive bond.
• Intestate succession (no will): the court appoints an administrator. Family relationships must be documented, and heirs often sign a statement accepting an appointed administrator or agreeing on bond terms.
• Small or informal successions: Louisiana has summary procedures for small estates or uncomplicated transfers (often used to transfer bank accounts or titles). The documents required can be simpler; check the parish clerk for small succession forms and limits.
• Real estate involved: if the estate includes immovable property, expect additional steps (publication, appraisals, or partition filings) and documents for recordation.
• When bond is required: if the will does not waive bond and heirs do not agree to a waiver, the court will require a bond to be posted through a surety company before letters are issued.

What the court issues after appointment and oath

After the court accepts the appointment and oath (and receives a bond if required), the clerk typically issues official documents often called letters testamentary or letters of administration (or a court-signed order of appointment). Those papers give the appointed person authority to act for the succession: collect assets, pay debts, and distribute property.

Where to find the exact rules and forms in Louisiana

• Louisiana Legislature — general laws and Civil Code related to successions: https://legis.la.gov/Legis/Laws.aspx
• Contact the parish Clerk of Court / District Court where the decedent was domiciled for local filing requirements and forms. Each parish posts its filing instructions and fee schedule online.

Helpful Hints

• Call the parish clerk’s office before you go. They can confirm local forms, fee amounts, and whether the court will accept a sworn written acceptance or requires a court appearance for the oath.
• Bring multiple certified death certificates — you will need certified copies for banks, social security, and other agencies.
• Locate the original will quickly. If the will is in a safety deposit box, you may need a court order or court presence to access it.
• If a bond is required, contact a licensed surety company early — arranging a bond can take time.
• Keep an organized list of known assets and creditor claims. The initial filing only needs a basic list, but a complete administration will require records and an inventory.
• If heirs agree and the estate is simple, ask about summary or small succession procedures — they can save time and cost.
• Consider getting legal help if the estate is large, has real estate in multiple parishes or states, includes business interests, or if heirs may contest the will or the appointment.

Disclaimer: This article is educational only and does not constitute legal advice. For advice specific to your situation, contact a licensed Louisiana attorney or your parish clerk of court.