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 is a closed-record state, so certificates are available only to eligible requesters such as the surviving spouse, certain relatives, a succession representative (with certified court documentation), and the attorney or notary handling a small succession. Orders may be placed in person or by mail at the Central Office (1450 Poydras Street, Suite 400, New Orleans, LA 70112; mail to P.O. Box 60630, New Orleans, LA 70160), online/phone through VitalChek, and at participating parish Clerks of Court for deaths after July 7, 2012. The Winn Parish Clerk of Court maintains historical death records but the state Registry registers Louisiana deaths and issues certified copies; verify current ordering options with LDH or a participating Clerk.
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
There is no fixed statutory deadline to open a Louisiana succession or to probate a testament. The original testament must be presented to the parish district court for probate to open a testate succession. Verify the custodian's obligations and timing with the court. (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 the 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 Winn conveyance records for real estate. Verify eligibility for the specific assets and institutions involved.
- Qualifies:
- $200,000
- Filing fee:
- $105
Where no administration is needed, the heirs or legatees may obtain an uncontested judgment of possession (simple possession) under La. C.C.P. arts. 3001-3008 and 3061, placing them in possession without a full administration. Availability depends on the facts; verify 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 with a testament, or administrator without one) qualifies before the parish district court, receives letters, files an inventory or sworn detailed descriptive list of date-of-death values, pays debts in the statutory order, and closes the succession on a final account homologated by the court. Used when there are debts to manage, disputes, or a need for ongoing authority. Verify bond, security, and notice requirements with the court.
- 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
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Winn Parish Clerk of Court can help you understand forms and filing requirements at no cost.
Visit Self-Help Center