Louisiana Petition for Probate

Introduction

Key Things to Know

1. 1

   Filing: a petition for probate and execution of the testament, with a prayer for letters testamentary for the named executor, or a petition for appointment of an administrator when there is no testament, filed in the district court of the parish where the decedent was domiciled (La. C.C.P. arts. 2811, 2851, 3081). Louisiana calls the proceeding a succession. No statewide form is named on this page, so ask the clerk of court what the court requires; the court's form controls.

2. 2

   No one has authority over estate assets until the court confirms or appoints a succession representative and letters issue. Being named as executor in a testament does not by itself allow anyone to collect assets, pay debts or transfer property. Do not distribute, pay heirs or sell succession property before appointment or before debts are addressed.

3. 3

   Louisiana limits how long a testament can be offered for probate: no testament may be admitted to probate unless the petition was filed within five years after the judicial opening of the succession (art. 2893). Anyone possessing a document purporting to be the testament must present it to the court with a petition asking that it be filed in the record, and no day count is stated (art. 2853).

4. 4

   The executor named in the testament is confirmed unless disqualified (art. 3082). Otherwise the court appoints a dative executor or administrator, choosing the best qualified among the surviving spouse, competent heirs or legatees, then their nominees, then a creditor or co-owner of immovable property (art. 3098). A nonresident is disqualified unless a resident agent for service of process is appointed and filed in the proceeding (art. 3097(A)(4)). The court decides, and appointment is not guaranteed.

5. 5

   Notice: probate of a testament and confirmation of a named executor proceed on petition, and this page states no pre-appointment notice period. For an administrator, an interested person may file a petition for notice of the application for appointment, and the applicant must serve it if it was filed within ten days of death or before the application (art. 3091). Ask the clerk what notice your filing requires.

6. 6

   Creditors: a creditor submits a claim in writing to the succession representative (art. 3241). Publication arises when the representative petitions for authority to pay a succession debt: notice is published once in the parish, and the petition can be homologated after seven days from publication (art. 3304). This page states no claims period, so ask the clerk or an attorney before paying anyone.

7. 7

   Security: an executor named in the testament need not furnish security unless the testament requires it or as provided in Articles 3154 through 3155 (art. 3153). An administrator or dative testamentary executor furnishes security exceeding total succession property by one-fourth, which the court may reduce on proper showing (art. 3151). Not every estate needs a full succession: Louisiana has independent administration, possession without administration, and a small succession by affidavit covered on DocDraft's small-estate-affidavit page.

Louisiana Requirements for Petition for Probate

• Succession Opened by Petition

  Louisiana calls the proceeding a succession. A petition to probate and execute the testament may also pray for letters testamentary (La. C.C.P. arts. 2851, 3081).

• District Court of the Decedent's Parish

  A proceeding to open a succession is brought in the district court of the parish where the decedent was domiciled at death (La. C.C.P. art. 2811).

• Five Years From Judicial Opening

  No testament may be admitted to probate unless the petition was filed within five years after the judicial opening of the succession (La. C.C.P. art. 2893).

• Present Any Purported Testament

  A person possessing a document purporting to be the testament must present it to the court with a petition asking that it be filed in the record (La. C.C.P. art. 2853).

• Order of Priority for Appointment

  The named executor is confirmed unless disqualified. Otherwise the court appoints the best qualified surviving spouse, heir or legatee, then their nominee, then a creditor or co-owner of immovable property (La. C.C.P. arts. 3082, 3098).

• Nonresident Needs a Resident Agent

  A nonresident is disqualified unless a resident agent for service of process is appointed and the appointment is filed in the succession proceeding (La. C.C.P. art. 3097(A)(4)).

• Creditor Claims and Publication

  A creditor submits a claim in writing to the representative. A petition to pay a debt is published once in the parish and may be homologated after seven days from publication (La. C.C.P. arts. 3241, 3304).

• Security Rules by Type of Representative

  A named executor need not furnish security unless required. An administrator or dative testamentary executor furnishes security exceeding succession property by one-fourth (La. C.C.P. arts. 3151, 3153).

• Independent Administration

  The court may grant independent administration when the testament provides for it or when the required heirs or legatees agree (La. C.C.P. arts. 3396.2, 3396.3, 3396.5).