Detailed Answer
Under Louisiana law, a personal representative—formally called the “representative of the succession”—must carry out key duties and share specific information with heirs. These obligations promote transparency and ensure that heirs understand the state of the estate and their potential inheritance.
1. Identifying Heirs and Opening the Succession
The representative begins by petitioning the court to open the succession. They must research and confirm all legal heirs under Civil Code Articles 892–895. Once appointed, the court clerk issues a citation naming the representative and listing heirs.
2. Filing and Serving the Inventory
Within three months of appointment, the representative must file a detailed preliminary inventory with the court under Code of Civil Procedure Article 3322 (C.C.P. Art. 3322). This document itemizes assets, debts, and estimated values. The representative must serve each heir and interested party a copy of the inventory.
3. Providing Periodic Accountings
The representative must keep accurate records of all receipts, disbursements, and distributions. Upon request, heirs can demand an accounting. The representative has 15 days to respond and must file a formal accounting under Code of Civil Procedure Article 3334.
4. Preserving and Managing Estate Assets
Louisiana Revised Statutes 9:3411 (R.S. 9:3411) requires the representative to preserve estate assets, protect them from loss, and manage them prudently until distribution. This includes maintaining insurance on real property and safeguarding valuables.
5. Notifying Creditors and Paying Debts
The representative must publish notice to creditors in the official parish journal within one month of the succession opening (C.C.P. Art. 3331). Creditors then have 30 days to present claims. The representative reviews valid claims and pays debts from estate assets before distributing any shares.
6. Distributing the Estate
After debts and expenses are paid, the representative prepares a distribution plan. They must provide heirs a written statement showing how assets will be divided, reflecting each heir’s legal share under Civil Code Articles 887–910.
Helpful Hints
- Keep copies of all filings: inventories, accountings, and notices.
- Review deadlines carefully: missing the 3-month inventory deadline can lead to personal liability.
- Communicate in writing: document all requests and responses to heirs.
- Seek court approval when in doubt: formal orders protect you from disputes.
- Consult a qualified attorney for complex estates or contested successions.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.