[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Probate Court's Name] [Probate Court's Address] [City, State, Zip Code] Subject: Complaint to Probate Will and Appoint Co-Executrixes and Issuance of Letters Testamentary Dear [Probate Court's Name], I hope this letter finds you well. I am writing to file a formal complaint and request for the probate of a will and the appointment of co-executrixes in accordance with the laws of Louisiana. As a concerned party and a potential beneficiary of the estate, I believe it is necessary to bring this matter to the court's attention for proper resolution. I would like to highlight the following information regarding the probate case: 1. Decedent's Information: — Name: [Full Name— - Date of Death: [Date] — Place of Death: [City, State] 2. Will Information: — Date of Execution: [Date— - Location of Execution: [City, State] — Witnesses: [Names of Witnesses— - Executor(s) Named in the Will: [Executor's Name(s)] — Alternate Executor(s): [Alternate Executor's Name(s)] 3. Co-Executrixes' Information: — Proposed Co-Executrix #1— - Name: [Full Name] — Address: [Address— - Relationship to Decedent: [Relationship] — Proposed Co-Executrix #2— - Name: [Full Name] - Address: [Address] — Relationship to Decedent: [Relationship] 4. Reasons for Complaint: — Lack of Probate Action: Despite the passage of a considerable amount of time since the decedent's death, no action has been taken to probate the will or administer the estate. This delay has caused financial hardship and uncertainty for the beneficiaries. — Appointment of Co-Executrixes: We request the court to appoint [Co-Executrix #1] and [Co-Executrix #2] as co-executrixes of the estate. Both individuals possess the necessary qualifications, knowledge, and integrity to effectively manage and ensure the fair distribution of the decedent's assets. — Issuance of Letters Testamentary: We respectfully request the court to issue Letters Testamentary to the appointed co-executrixes, granting them the legal authority to act on behalf of the estate. I hereby attach a certified copy of the Last Will and Testament, the death certificate of the decedent, and any other relevant documents required for the court's examination. I kindly request that you schedule a hearing in this matter at your earliest convenience to initiate the probate process. If there are any fees or additional documentation required, please inform me promptly, and I will gladly comply. I trust that the court will carefully consider the facts presented and act in the best interest of the estate and its beneficiaries. Thank you for your attention to this matter. I look forward to a timely resolution and the proper administration of the decedent's estate. Sincerely, [Your Name]
Louisiana Sample Letter for Complaint to Probate Will and Appoint Co-Executrixes and Issuance of Letters Testamentary
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FAQ
If you own real estate located in another state, a revocable trust can help avoid an ancillary probate proceeding in that state. Likewise if you own real estate in Louisiana and move to another state, placing the Louisiana real estate in a revocable trust can avoid going through probate in Louisiana.
In order to obtain letters testamentary in Texas, the probate court must approve the will and determine the qualification of the executor. To do this, the executor must file an application with the appropriate county court with the original will within four years of the decedent's death.
Generally, a decedent's estate goes through succession or probate in Louisiana if the estate is worth $125,000 or more, regardless of whether the decedent died with a will (testate) or without a will (intestate).
Letters testamentary are documents that a probate court delivers to the executor of the deceaseds estate to enforce the terms of the deceased persons will. A court can issue letters testamentary only to persons who are chosen as an executor in a will.
Many probates will cost a minimum of $5,000. There are some probate fees that most estates will need to pay. These can include some or all of the following: Various filing fees and court costs.
Ing to Louisiana inheritance laws, if you die with a will and the estate has a value greater than $125,000, surviving spouses and children must undergo probate.
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.
A Petition for Probate must be prepared to request the Court to open a Succession, which is given a Docket Number like a civil lawsuit. A court Order is issued admitting the Will to probate and an Executor is appointed with responsibility for administering the estate.
