Detailed Answer
Gathering essential information and documents before a loved one’s passing can significantly streamline the Louisiana probate (succession) process. Under Louisiana law, the personal representative must open the succession in the parish court and file an inventory within 90 days (La. Rev. Stat. Ann. § 9:2361). To prepare, collect the following:
1. Identification Documents
- Certified birth certificate, Social Security number, and photo ID (driver’s license or passport).
- Certified marriage certificate or divorce decree, if applicable.
- Social Security card and military discharge papers (DD-214), if available.
2. Estate Planning and Legal Papers
- Original will and any codicils.
- Trust agreements (revocable or irrevocable).
- Durable power of attorney and advance healthcare directives.
- Funeral, burial or cremation instructions.
3. Asset Records
- Real estate: deeds, survey reports, mortgage statements, and recent property tax receipts.
- Bank and investment accounts: statements, passbooks, and online portal access.
- Retirement accounts: 401(k), IRA, pensions, annuity contracts.
- Insurance policies: life, long-term care, homeowner’s, auto.
- Business interests: partnership agreements, LLC operating agreements, corporate bylaws.
- Vehicles and personal property: titles, appraisals for jewelry, art, collectibles.
4. Debts and Liabilities
- Loan and credit agreements: mortgages, auto loans, student loans.
- Credit card and medical bills.
- Outstanding tax assessments or judgments.
5. Tax Information
- Federal and Louisiana income tax returns (last three years).
- Gift tax returns, if any.
- Property tax assessments and receipts.
6. Digital Assets and Access Information
- List of online accounts with usernames and passwords.
- Cryptocurrency wallets and private keys.
- Email accounts, cloud storage credentials.
Having these documents organized in a physical binder or secure digital folder reduces court delays and professional fees. If a valid will exists, Louisiana law requires annexing it when opening the succession (La. Rev. Stat. Ann. § 9:2721). Always verify deed information with the parish clerk of court’s records.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Louisiana attorney for guidance tailored to your situation.
Helpful Hints
- Maintain a centralized inventory—update it annually.
- Store originals in a fireproof safe or secure digital vault.
- Provide your personal representative with an access guide.
- Review and update beneficiary designations regularly.
- Keep emergency contacts and healthcare proxies easily accessible.