Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a Louisiana attorney for legal guidance.
Detailed Answer
When someone dies, you often need critical documents—death certificates, wills, bank statements, property deeds—to settle the estate. Sometimes banks, record offices, or other institutions delay or refuse to hand over records even after you present basic estate papers. Under Louisiana law, you can use several legal tools to secure missing estate documents from uncooperative institutions.
1. Present Certified Letters of Administration or Testamentary
Obtain a certified copy of Letters of Administration or Letters Testamentary from the Clerk of Court in the parish where the decedent’s succession is open. Presenting these letters plus the death certificate often compels compliance. If you haven’t opened a succession yet, file a petition under La. C.C.P. art. 3271 to start the process.
2. File a Request for Production of Documents
Serve a formal Request for Production under Louisiana Code of Civil Procedure Arts. 1422–1432. The institution must produce the requested documents within 30 days or object in writing under Art. 1445. A timely objection can lead to a meet-and-confer, then a court motion if they still refuse.
3. Issue a Subpoena Duces Tecum
If informal requests fail, petition the succession court for a Subpoena Duces Tecum under C.C.P. art. 1461. This court order compels the custodian to appear and bring specified documents. Ignoring it can result in contempt of court sanctions.
4. Petition the Court to Compel Production
File a Rule to Show Cause in your succession proceeding. Ask the judge to order the institution to deliver particular documents by a set deadline. Reference your prior Request for Production or Subpoena Duces Tecum, and seek contempt or monetary sanctions for non-compliance.
5. Leverage the Public Records Act
For government-held records (e.g., land titles, vital records), file a request under the Louisiana Public Records Act (La. R.S. 44:1 et seq.). Agencies must respond within a reasonable time or provide a legal basis for withholding records.
Helpful Hints
- Keep all communications in writing: emails, letters, certified mail receipts.
- Order multiple certified death certificates—institutions often require originals.
- Monitor Code of Civil Procedure deadlines to avoid waiving your rights.
- Schedule a consultation with a probate attorney early to streamline filings.
- Document every refusal or delay; detail what was requested and when.