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Louisiana probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.
If the estate must go through probate, the probate court will legally confirm your appointment as executor with what are called letters testamentary (sometimes called surrogate certificates).
An executor must account to the residuary beneficiaries named in the Will (and sometimes to others) for all the assets of the estate, including all receipts and disbursements occurring over the course of administration.
Partition by Licitation in Louisiana So, if an heir owns an undivided interest in the land, they always have the option to transfer it to another owner or to sell it. When a co-owner wants to sell their property interest?even against the wishes of the other heirs?they can force a partition.
Depending on the specifics of the particular probate process, the estate may be closed informally with a petition to the court signed by the legatees and certain creditors, or it may be closed by the court after approving the asset distribution.
The probate process in Louisiana typically starts with filing a petition in the parish where the deceased person lived. The named executor or estate representative files this petition with the estate, and it must be accompanied by the original will (if there is one).
The Estate Settlement Timeline: There is no specific deadline for this in Louisiana law, but it is generally best to do so within a month to ensure a smooth start to the probate process. Inventorying the Estate: Once the will has been submitted, the executor must compile a thorough inventory of the deceased's assets.
While you don't need to hire a lawyer to go through probate in Louisiana, the process of probate can get complicated. Having a trusted attorney who knows Louisiana law might make a dramatic difference during a difficult process.