1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingLouisiana Vital Records Registry
Certified Louisiana death certificates are issued by the state Vital Records Registry (Louisiana Department of Health), orderable in person, by mail, or online/phone/fax through VitalChek. For deaths occurring after July 7, 2012, certified death certificates may also be ordered through parish Clerks of Court. The local Clerk of Court does not maintain the statewide vital-records system. Standard mail processing runs about 8-10 weeks; verify current timing before ordering.
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
2Required by Law
Legal duties
Deposit the Will
Louisiana sets no fixed numeric deadline to open a succession or probate a testament. To open a testate succession, the original testament is presented to the parish district court (through the Clerk of Court) for probate. (Louisiana Civil Code Book III, Title I (Successions))
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
3Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the Louisiana small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for a testate succession. If no will exists, it's an intestate succession.
Complex assets? Business interests, real estate in multiple states, or contested claims may require administration of the succession.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
A small succession (Louisiana property of $200,000 gross or less at the date of death, or any value if death occurred at least 20 years ago) may be transferred by a sworn small succession affidavit executed before a notary, without a court succession. The affidavit is recorded in the parish conveyance records for real estate. Verify eligibility for the specific assets and institutions involved.
- Qualifies:
- $200,000
Louisiana has no separate 'summary administration,' but offers simplified paths: the small succession affidavit (La. C.C.P. arts. 3421, 3431-3434); an uncontested judgment of possession without a full administration (La. C.C.P. arts. 3001-3008, 3061); a limited bank-deposit release to the surviving spouse or heirs (La. R.S. 9:1513); and a motor-vehicle transfer by affidavit of heirship through the OMV. Availability depends on the facts and should be verified locally.
- Qualifies:
- Smaller estates that meet the state limit
Documents you'll need:
- Petition for Possession
- Original Testament (Will)
- Petition to Probate Testament
- Certified Death Certificate
- Affidavit of Death, Domicile, and Heirship
- Sworn Detailed Descriptive List of Assets and Liabilities
- Judgment of Possession
A succession representative (executor named in a testament, or a court-appointed administrator) qualifies, receives letters, files a sworn detailed descriptive list or inventory, pays succession debts in the statutory order, and closes the succession. Used when there are debts to manage, disputes, or a need for ongoing authority. Verify bond, security, and notice requirements with the Clerk.
- Attorney:
- not required by law, though many families use one
Documents you'll need:
- Petition to Open Succession and Appoint Succession Representative
- Original Testament (Will)
- Petition to Probate Testament
- Certified Death Certificate
- Affidavit of Death, Domicile, and Heirship
- Oath of Office and Letters of Administration or Letters Testamentary
- Sworn Detailed Descriptive List of Assets and Liabilities
- Judgment of Possession
When the heirs or legatees are competent and accept the succession, the court may render a judgment of possession sending the heirs/legatees into possession without a full administration. Availability depends on the facts; verify locally.
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Evangeline Parish Clerk of Court (succession-filing office) can help you understand forms and filing requirements at no cost.
Visit Self-Help Center