Detailed Answer
Under Louisiana succession law, the succession representative must notify all creditors—this includes medical debt collectors—about the opening of probate. The process involves both direct notice to known creditors and published notice for unknown creditors. Claims not timely submitted lose enforceability against the succession.
1. Notifying Known Creditors
The representative must mail written notice to each known creditor within 60 days of appointment. See La. R.S. 9:2781. The notice should include:
- Name and address of the succession representative
- Deadline for filing claims
- Instructions on how to submit a claim
Use certified mail or another method that provides proof of delivery.
2. Publishing Notice for Unknown Creditors
For creditors without known addresses, the representative must publish a notice once a week for three consecutive weeks in the official parish journal or a local newspaper. See La. R.S. 9:2783. Include:
- Name of decedent
- Succession file number
- Representative’s contact information
- Deadline for claim submission
3. Deadlines for Presenting Claims
Creditors have one year from the date of the decedent’s death to present claims. See La. R.S. 9:2782. Late claims may be rejected, even if previously notified.
4. Medical Debt Collectors
Medical providers and debt collectors fall under the same rules. If a hospital or collection agency knew of the probate, personal service or certified mail suffice. If their address is unknown, they must rely on the published notice. They must file claims within the year deadline or risk losing their right to collect from estate assets.
Helpful Hints
- Keep certified mail receipts or tracking records as proof of notice.
- Track publication dates to ensure three consecutive weeks of notice.
- Maintain a list of all creditors and dates notices were sent or published.
- Consult with an attorney if you have a large estate or complex creditor claims.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Louisiana to address your specific situation.