FAQ: What can heirs do if an estate administrator becomes unresponsive or refuses to distribute assets?

Short answer: In Louisiana, heirs can demand an accounting, ask the succession court to compel the administrator to act, seek removal of the administrator and appointment of a replacement or provisional administrator, pursue money or property recovery (including suing on the administrator’s bond), and, when appropriate, report suspected theft to law enforcement. Start with a clear written demand and then use the court if the administrator still won’t cooperate.

Detailed answer — how this works in Louisiana

This section explains, step by step, what heirs should know and the legal tools available under Louisiana succession law and procedure.

1) Confirm the administrator’s role and what they must do

An administrator (or executor) appointed by the succession court manages estate assets, pays debts and taxes, and distributes the remaining property to heirs or legatees according to the will or law. If the administrator is unresponsive or refuses to distribute assets, heirs have multiple remedies through the succession court.

2) Immediate practical steps (do these first)

• Send a written demand to the administrator asking for an inventory/accounting and stating a reasonable deadline (keep a copy and send by certified mail).
• Collect basic documents: the will (if any), the court’s succession docket number or file, letters of administration, any correspondence with the administrator, bank/brokerage statements if available.
• Contact the clerk of the court where the succession is open to confirm filings, the administrator’s bond and to request copies of the succession record.

3) File a petition in the succession court to compel action

If the administrator does not respond to a written demand, an heir can ask the succession court to force the administrator to act. Common court petitions include:

• Rule to show cause / citation and rule: The court can order the administrator to appear and explain why they have not complied with duties (for example, failing to file an inventory or an accounting or refusing to distribute assets).
• Order compelling an accounting: Louisiana procedure allows heirs and interested persons to require an administrator to render an account to the court and to the heirs.
• Order for distribution: If the administration has concluded or if specific funds/property are ready for distribution, you can ask the court to order distribution to heirs or legatees.

4) Removal and replacement of an administrator

If the administrator is neglectful, dishonest, unfit, or otherwise refuses to perform duties, heirs may petition the court to remove the administrator and appoint a successor or provisional administrator. Grounds commonly include failure to account, unreasonable delay, misconduct, or misuse of estate assets. If the court removes the administrator, it can appoint someone else to finish the administration and order appropriate remedies for losses.

5) Remedies for mismanagement or conversion of estate assets

If the administrator misused estate assets, courts can:

• Surchage the administrator — i.e., require them to reimburse the estate for losses caused by mismanagement or wrongful acts.
• Sue the administrator personally on the administrator’s bond (if one was required) to collect estate losses caused by their misconduct.
• Order sequestration or other provisional remedies to preserve assets while the dispute is resolved.

6) Criminal and civil reporting

If the administrator appears to have stolen or intentionally misapplied estate property, heirs may report the conduct to law enforcement or the district attorney to investigate possible theft, embezzlement, or related crimes. Separately, heirs can pursue civil suits against the administrator for conversion, breach of fiduciary duty, or related claims.

7) Using the administrator’s bond

In many successions the court requires an administrator to post a bond to protect the estate against mismanagement. If the administrator breaches duties and the estate or heirs suffer losses, you can pursue a claim on that bond in court.

8) Timing and practical realities

Court procedures take time. Filing demands, following the court’s local rules, and, if necessary, hiring an attorney will speed the process and improve the chance of full recovery. Keep careful records and act promptly if you suspect wrongdoing; preservation of evidence is important.

Hypothetical example

Hypothetical facts: Marie is an heir. The court appointed her cousin John as administrator. John sold two rental properties, deposited the sale proceeds into a personal account, and has not responded to e‑mails and phone calls for six months. John refuses to tell heirs how much cash remains and will not provide an accounting.

Possible heir actions under Louisiana law in this hypothetic:

1. Marie sends a written demand (certified mail) to John asking for an accounting within 14 days.
2. If John does not respond, Marie petitions the succession court for an order compelling an accounting and for a citation and rule ordering John to appear and explain his actions.
3. If evidence suggests John used estate funds for personal expenses, Marie asks the court to remove John as administrator, appoint a provisional administrator, and to surcharge John for any proven losses. Marie also asks the court to allow a claim against John’s bond and considers reporting suspected theft to law enforcement.

Where to look in Louisiana law

Louisiana’s succession rules and the procedures used in probate court are governed by the Louisiana Civil Code and the state’s procedural rules. For official texts and to search specific succession statutes or procedure, use the Louisiana Legislature website: https://legis.la.gov/. For information and forms or to find the clerk of court in the parish where the succession is open, contact the local parish clerk of court or the succession court handling the estate.

Helpful Hints

• Send a clear written demand first. Courts like to see you gave the administrator a chance to comply before filing petitions.
• Get certified copies of the succession docket and any letters of administration from the parish clerk of court.
• Document all communications and keep originals of letters, notices, and bank statements you can obtain.
• Ask whether an administrator bond exists and obtain a copy. A bond can be a quick path to recovering losses from mismanagement.
• Consider mediation or settlement when possible. Court litigation can be slow and expensive; a negotiated accounting and distribution can preserve estate value.
• Act promptly if you suspect theft—preserve evidence and consider criminal as well as civil remedies.
• Talk to an attorney experienced in Louisiana successions when filing court petitions. Local rules and practice vary by parish and an attorney can prepare ready-to-file pleadings and represent you in court.

Important note: This article explains general options under Louisiana succession practice but is not a substitute for legal advice. It does not create an attorney‑client relationship. For guidance about your specific situation, consult a licensed Louisiana attorney.