Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
1. Qualify as a succession representative
After a person’s death in Louisiana, a court must appoint someone to handle the estate. If the decedent left a valid will, the named executor applies; otherwise, an interested heir petitions as administrator. You file this petition in the parish where the decedent lived. Once the court signs the judgment of possession, you gain authority to notify creditors and manage claims. See La. C.C.P. art. 3311 et seq. (La. C.C.P. art. 3311).
2. Send mailed notice to known creditors
Within days of qualifying, send each known creditor a written notice of the succession by registered or certified mail, return receipt requested. This formal notice triggers the creditor’s time to submit a claim. Louisiana law requires you to identify and contact any creditor whose claim you can reasonably ascertain. See La. C.C.P. art. 1001 (La. C.C.P. art. 1001).
3. Publish general notice to other creditors
To alert unknown creditors, publish a notice once a week for three consecutive weeks in the official journal (newspaper) of the succession parish. The first publication date establishes the deadline for all claims. Failure to publish exposes you to personal liability for overlooked debts.
4. Accept and assess creditor claims
Creditors then have nine months from the date of first publication to file written proof of their claims with the succession clerk. Each claim must state the amount owed and attach supporting documents, such as contracts or invoices. You review submitted claims for accuracy and validity. See La. C.C.P. art. 1003 (La. C.C.P. art. 1003).
5. Approve, reject, and pay valid claims
After the nine-month period, you finalize which claims to pay. You may reject unsupported or untimely claims and allow those with adequate proof. You then pay valid obligations from estate assets in the order Louisiana law prescribes: funeral and administration costs first, then secured creditors, and finally general unsecured creditors. See La. Civ. Code art. 3211 (La. Civ. Code art. 3211).
6. File final accounting and obtain discharge
Once debts and expenses are paid, you prepare a final accounting showing every asset sale, claim payment, and distribution. Submit it to the court for approval. When the court signs the discharge judgment, you are released from further liability for administering the estate. See La. C.C.P. art. 1020 (La. C.C.P. art. 1020).
Helpful Hints
- Keep a detailed inventory of all assets and known liabilities.
- Retain copies of certified-mail receipts and publication affidavits.
- Request a credit-report search for the decedent to uncover unknown creditors.
- Respond promptly to creditor inquiries to avoid disputes.
- Understand Louisiana’s creditor-priority rules to prevent personal exposure.
- Consider consulting a probate attorney for complex estates or contested claims.