Short answer: Louisiana does not use the North Carolina concept called “probate in common form.” Louisiana handles the settlement of a deceased person’s affairs through its succession (probate) procedures under the Louisiana Civil Code and related court rules. The process, terminology, and legal rules in Louisiana differ from those in common‑law states. This article explains how Louisiana succession works, when court involvement is required, and practical steps to take.
Detailed Answer — How Louisiana handles what other states call “probate in common form”
Many people from other states call a quick, non‑contentious probate process “probate in common form.” In Louisiana that label is not used. Instead, Louisiana law refers to successions (the transfer of a decedent’s property and rights). The rules that govern opening a succession, appointing a personal representative, notifying creditors, and transferring title are found in Louisiana law on successions and in the court rules that apply in the district court of the parish where the decedent lived. For general statutory materials see the Louisiana Legislature searchable site for succession law: https://legis.la.gov/Legis/LawSearch/Results.aspx?search=succession
Key differences and concepts you need to know:
- Different legal framework: Louisiana is a civil‑law state. It uses the Civil Code’s succession rules rather than the probate codes used in many common‑law states. That affects terminology (for example, “succession” rather than “probate”) and substantive rights (forced‑heirship protections exist in many cases).
- There is not a single “common form” fast track equivalent: Louisiana does offer relatively streamlined steps for uncomplicated estates (small estates, uncontested successions, or successions where heirs agree and assets are limited). But those procedures have specific rules and names under Louisiana law and are handled in parish district court or via notarial acts where appropriate.
- Who opens the succession: Typically an heir, legatee named in a will, or a creditor will file a petition in the district court for the parish where the decedent was domiciled to open the succession. If the decedent left a will, the person named as executor (or an heir if no executor comes forward) will ask the court to recognize the will and appoint a representative.
- Appointments and letters: The court may appoint an executor (if named in a will) or an administrator/administrator ad hoc to manage the estate under the court’s supervision. The court issues documents that allow the representative to collect assets, pay debts, and transfer property.
- Creditor claims and notice: Louisiana procedure requires notice to creditors and other interested parties and often requires publication and formal notifications. Timelines and methods depend on the case facts and the applicable procedural rules.
- Small or uncontested estates: If the estate is very small or the heirs all agree, Louisiana law and practice sometimes allow transfers by affidavit or a simplified court proceeding or notarial act. The availability and exact method depend on the nature of the assets (movable vs. immovable), their value, and whether a will exists.
- Immovable property (real estate): Transfers of immovable property in Louisiana often require special steps: court orders or notarial conveyances, filing of documents in parish conveyance records, and attention to homestead and community property rules where applicable.
Practical example (hypothetical)
Hypothetical: Marie lived in Orleans Parish and died owning a bank account, a car, and a house. She left no will. Her two adult children agree on how to divide the estate. They cannot simply treat the property like a joint account — they must open a succession with the district court in the parish where Marie was domiciled so the court can recognize the heirs, allow the appointment of an administrator, and approve transfers of title (particularly for the house). For small movable assets, the bank and DMV may release property on the basis of required documents once the administrator is appointed or following statutory small‑estate procedures, if applicable.
Where to find the law
Primary sources are the Louisiana Civil Code provisions on successions and the court rules for district courts in each parish. You can search statutes and code sections on the Louisiana Legislature website: https://legis.la.gov/Legis/LawSearch/Results.aspx?search=succession
When you might still need help from an attorney
- There is a will that someone is contesting.
- Heirs disagree about distribution or about who should be appointed administrator.
- Significant immovable property (real estate), complex assets, or business interests exist.
- Forced heirship, community property, or creditor claims make the distribution complicated.
- You need to clear title to sell or refinance immovable property.
Because the rules change based on the specific facts of the estate, a Louisiana attorney who handles successions can advise which simplified steps (if any) apply, prepare the proper court filings or notarial acts, and help avoid costly mistakes.
Helpful Hints
- Gather documents: the decedent’s death certificate, any will, bank and investment account statements, deeds, titles, and a list of known debts and creditors.
- Call the clerk of the district court in the parish where the decedent lived. The clerk can explain the local filing steps to open a succession and provide required forms or directions.
- Don’t move or dispose of property until you know you have legal authority. Handling estate assets without proper authority can create personal liability.
- If the decedent left a will, locate the original. A notary or attorney may have the original will on file.
- Ask early about deadlines for creditor notices and for contesting wills so you don’t lose rights by waiting.
- If all heirs agree and assets are purely movable and small, ask whether a simplified or affidavit process applies in your parish, but verify requirements in writing or through an attorney.
- If immovable property (real estate) is involved, get legal help to ensure the transfer occurs correctly and to confirm whether forced heirship or homestead rules affect distribution.
Resources
- Louisiana Legislature—search civil code and statutes (use search term “succession”): https://legis.la.gov/Legis/LawSearch/Results.aspx?search=succession
- Local parish district court clerk’s office (contact through your parish government website) for filing procedures and local requirements.
- Louisiana State Bar Association — resources and lawyer referral services (https://www.lsba.org/).
Disclaimer: This information is educational only and does not constitute legal advice. Laws change and every situation is different. To understand how the law applies to your circumstances, consult a licensed Louisiana attorney familiar with succession (probate) law.