How does probate (succession) work in Louisiana?

1. Governing Code. Louisiana Civil Code (substantive law, arts. 871-1466) and Louisiana Code of Civil Procedure (procedural law, arts. 2811-3393). Louisiana is a civil-law jurisdiction derived from French and Spanish law, and has not adopted the UPC. Louisiana calls probate "succession."

2. Court. District Court in the parish of the decedent's domicile (La. C.C.P. art. 2811). In Orleans Parish, the Civil District Court has jurisdiction.

3. Petition to Open. Petition for Possession (testate or intestate) filed by the named executor or heirs/legatees under La. C.C.P. art. 2851. Louisiana recognizes both administered and unadministered successions.

4. Letters Testamentary / Letters of Administration. When administration is necessary, the court issues Letters under La. C.C.P. art. 3081 after the testamentary executor or administrator qualifies, takes the oath, and posts security.

5. Notice to Creditors. Published twice in 30 days in a newspaper of general circulation in the parish under La. C.C.P. art. 3304. Creditors may file claims at any time before the homologation of the final tableau of distribution.

6. Sworn Descriptive List / Inventory. Filed within 3 months of the executor's appointment under La. C.C.P. art. 3136 (Sworn Descriptive List is the common modern alternative to a formal inventory).

7. Independent Administration. Louisiana offers Independent Administration under La. C.C.P. arts. 3396.1-3396.20 when authorized by the will or by consent of all heirs/legatees, drastically reducing court supervision and allowing the independent executor to sell property without court approval.

8. Small Succession Procedure. Small Succession Affidavit under La. C.C.P. arts. 3421-3434 for estates valued at $125,000 or less (gross value at death), regardless of testacy. Available for estates of nonresidents owning Louisiana immovable property regardless of value when the foreign succession is closed.

9. Closing. Tableau of Distribution and Petition for Discharge under La. C.C.P. art. 3303; Judgment of Possession sending heirs/legatees into possession (La. C.C.P. art. 3061) is the equivalent of an order of distribution.

10. Probate (Succession) Avoidance. Usufruct planning, donations inter vivos with reservation of usufruct, payable-on-death and TOD accounts, beneficiary designations, and life insurance. Note: Louisiana has FORCED HEIRSHIP for descendants under 24 or with permanent disabilities (La. Civ. Code art. 1493), which limits testamentary freedom. Louisiana does not authorize TOD deeds for immovable property.

This is legal information, not legal advice.