Detailed Answer
Under Louisiana law, filing probate court documents and publishing creditor notices requires you to follow specific steps in the Louisiana Code of Civil Procedure. This process ensures the succession proceeds correctly and that creditors receive proper notification to file claims.
- File the Succession Petition. Draft and file a petition for succession in the district court of the decedent’s domiciliary parish. Include the decedent’s full name, date of death, known heirs, and an estimated list of assets. See La. C.C.P. art. 2791.
- Pay Filing Fees and Obtain a Docket Number. Pay the court’s filing fee and receive a docket number to track your case.
- Receive Court Order and Appointment. The court issues an order admitting the succession (and the will, if any) and appoints a succession representative to manage estate affairs.
- Draft the Creditor Notice. Prepare a notice to creditors that states the decedent’s name, date of death, domicile, case number, court, and the deadline for filing claims. Under La. C.C.P. art. 2792, this notice must be published.
- Select the Official Parish Journal. Publish the notice in the parish’s official journal—known as the legal organ—for three consecutive weeks. See La. R.S. 43:141.
- Publish the Notice Once Weekly. Submit the notice to the legal organ and pay applicable fees. Schedule publication to run once each week for three successive weeks, beginning within seven days of the court’s order opening the succession.
- File Proof of Publication. After the final notice appears, obtain an affidavit of publication from the journal and file it with the clerk of court as required by La. C.C.P. art. 2793.
- Manage and Respond to Claims. Creditors typically have 30 days after the first publication to file claims. Track all claim deadlines and respond promptly to resolve the estate efficiently.
Helpful Hints
- Check with the district court clerk for local deadlines and fee schedules.
- Keep organized records of all filings, notices, and publication affidavits.
- Confirm the legal organ’s deadlines and publication requirements before scheduling.
- Allocate funds in advance for publication fees to avoid delays.
- Consider professional assistance for large or contested estates.
Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.