Louisiana Probate Court

Probate is the management of a deceased person's estate in line with the law. This involves settling debts and distributing assets to heirs. Though probate procedures are similar throughout the United States, Louisiana's probate system is based on civil law rather than common law. This is known as the “succession” process. The state requires formal succession for bigger or contentious cases but permits easier transfers for small estates.

How the Probate Process Works in Louisiana

A petitioner can start a probate matter by submitting a petition for succession to the District Court in the parish where the deceased (or decedent) lived. If a will is legitimate, the court chooses the executor, also known as the “personal representative.” If there is no will, the court selects an administrator per Louisiana’s intestacy statutes.

The representative must notify heirs and creditors, prepare an inventory of assets, pay taxes and debts, and distribute the remaining property. Louisiana accepts both supervised administration (court supervision when disagreements occur) and independent administration (streamlined when heirs consent). Depending on their complexity, succession proceedings might take anywhere from six months to more than a year..

What Are the Costs of Probate in Louisiana?

Probate costs include court filing fees, executor compensation, attorney’s fees, appraisal costs, and publication fees. Parish-specific filing fees vary, although they often fall between $50 and $1,200. Executors are entitled to reimbursement for reasonable expenses. Attorney fees are common in Louisiana successions and may be charged as either a flat rate or an hourly rate.

In Louisiana successions, attorney costs are typical and might be billed on an hourly or set basis. While contested estates can cost thousands of dollars, simplified procedures for small estates are far less expensive.

Types of Probate Cases in Louisiana

Louisiana succession law recognizes several options, including the following:

• Testate Succession: where there is a valid will and clearly defined beneficiaries.
• Intestate Succession: Here, assets are distributed under Louisiana’s intestacy code because there is no valid will.
• Independent Administration: Involves minimal court supervision because all heirs agree.
• Supervised Administration: Applied when there are disputes or complexities.
• Small Succession Affidavit: Applied for estate value under $125,000.

Louisiana Probate Court Forms and Filing Instructions

People seeking succession forms in Louisiana can visit the court clerk's office in the parish where they intend to file. You may find such forms as small succession affidavits, inventories, and succession petitions. For specific filing instructions, it is important to speak with the parish clerk of court, as procedures may be different from parish to parish.

How Louisiana Probate Courts Work at the Parish Level

Louisiana’s 64 parishes all have a District Court which handles probate matters in the state. While there are general state succession laws that apply to all parishes, you may find that the procedures, fees, and online access are different.

The top 10 Parishes by Population in Louisiana and their probate courts are listed below:

1. East Baton Rouge Parish District Court – East Baton handles the largest caseload and provides robust succession services. The court has an option for video conferencing.
2. Jefferson Parish District Court – Jackson Parish provides streamlined small succession procedures. It also provides easy access to pleadings.
3. Orleans Parish Civil District Court (New Orleans) – Orleans Parish handles complex estates with urban caseloads. This Orleans Parish court has fourteen elected divisions.
4. St. Tammany Parish District Court – This court provides strong online access to probate filings. The St. Tammany Parish District Court offers online legal services.
5. Lafayette Parish District Court – Lafayette Parish provides extensive resources for self-represented petitioners. This district court also offers a detailed court calendar.
6. Caddo Parish District Court (Shreveport) – The court offers accessible filing guides to the public. Caddo Parish provides language assistance services.
7. Calcasieu Parish District Court (Lake Charles) – Calcasieu Parish provides efficient probate processing. It offers interpreter/language services and video conferencing options.
8. Ouachita Parish District Court (Monroe) – This court offers streamlined small succession filings. Ouachita Parish also has a detailed docket system.
9. Livingston Parish District Court – Livingston Parish offers practical probate instructions. It also provides language assistance services
10. Tangipahoa Parish District Court (Amite) – Tangipahoa Parish has an accessible docket and provides probate resources. This court offers a video conferencing option.

How to Search Probate Records in Louisiana

Succession records, as they are called in Louisiana, are public unless sealed by the court. These records typically include wills, inventories, executor information, creditor claims, and final distributions. Records can be accessed at parish clerk of court offices or online, where available. Larger parishes like Orleans and East Baton Rouge provide searchable online dockets, while smaller parishes may require in-person searches. Certified copies must be requested from the parish clerk for a fee.