Louisiana Probate Guide
If you've just lost someone and are facing the Louisiana probate process — this guide walks you through what it costs, how long it takes, the exact filings Louisiana requires, and whether you can avoid formal probate entirely.
Typical Timeline
3–9 months
Uncontested formal probate
Small Estate Threshold
$125,000
Small Succession by Affidavit (La. C.C.P. art. 3431)
Court
Louisiana District Court (Probate/Succession Division)
Filing fee: $250–$450
Executor Commission
Statutory scale
~$25,000 on a $1M estate
Succession is required to transfer ANY assets titled in the decedent's name alone - Louisiana does not have probate in the common-law sense but uses 'succession' under the Civil Code. Community property, beneficiary designations, and trusts pass outside succession. Small successions (under $125,000) and successions without administration are streamlined alternatives to full judicial administration.
Successions without administration close in 3 months or less; independent administration runs 3-9 months; full court-supervised administration runs 6-18 months. Louisiana lacks a Uniform Probate Code framework but offers very fast 'simple putting in possession' for uncontested estates.
Louisiana's Small Succession by Affidavit (La. C.C.P. art. 3431) allows qualifying estates to skip formal probate.
| If the death occurred… | Small estate threshold |
|---|---|
| Prior threshold before increases | $75,000 |
| Current threshold under La. C.C.P. art. 3431 | $125,000 |
Both movable and immovable property may be transferred by Affidavit of Small Succession when the gross estate is $125,000 or less at the time of death, OR when the decedent has been dead for at least 20 years (any value). The affidavit is recorded in the parish where assets are located - no court opening required.
La. C.C.P. art. 3351 caps the executor's (succession representative's) compensation at 2.5% of the gross succession value, unless the will provides for greater or lesser compensation. The court may award additional compensation for extraordinary services.
Example: An estate valued at $1,000,000 would yield an executor commission of approximately $25,000.
Attorney fees:
Attorney fees are 'reasonable' rather than a statutory percentage. Simple successions often cost $1,500-$3,000; complex administered successions can run $5,000-$15,000+.
Multiple co-executors:
Co-executors must share the single 2.5% statutory cap unless the will provides otherwise.
Statute: La. C.C.P. art. 3351
Enter the estate's gross value to estimate statutory probate costs in Louisiana.
Executor commission
Statutory (La. C.C.P. art. 3351)
$12,500
Attorney fees
Not statutory in Louisiana — negotiated separately (hourly, flat, or % of estate, typically 2–4%).
varies
Court filing fee
Sliding scale $250–$450
$250+
Estimated statutory total
$12,750 + attorney fees
Estimate only. Excludes extraordinary executor fees, bond premiums, appraisal fees, publication costs, accounting fees, and Louisiana-specific surcharges. Does not constitute legal or financial advice.
La. C.C.P. art. 3151 requires the succession representative to post bond unless waived by the testament or by all heirs/legatees. Independent administrators are not required to post bond if the will provides for independent administration.
Statute: La. C.C.P. art. 3151 and 3396.1 (independent administration)
Louisiana has no state estate tax or inheritance tax. The Louisiana estate transfer tax was repealed in 2008. Only the federal estate tax applies, with a 2026 exemption of $15 million per individual / $30 million per married couple under the One Big Beautiful Bill Act.
Louisiana is a community property state - the surviving spouse already owns one-half of community property at death. Under La. Civil Code art. 890, if the decedent leaves descendants, the surviving spouse receives a usufruct (right to use and enjoy) over the decedent's half of community property until death or remarriage, with naked ownership passing to the descendants. Marital portion (La. C.C. art. 2432) protects an impoverished surviving spouse.
Louisiana Medicaid (administered by Department of Health) recovers from succession estates of recipients aged 55+ who received long-term care, under La. R.S. 46:153.4. Recovery is limited to the probate succession estate and is deferred while a surviving spouse or minor/disabled child survives. Hardship waivers exist.
Louisiana is the only U.S. state recognizing forced heirship. Under Civil Code art. 1493, descendants aged 23 or younger at the parent's death OR descendants of any age with mental incapacity or permanent physical infirmity that prevents them from caring for themselves are 'forced heirs' who cannot be disinherited without 'just cause.' The forced portion is 25% (one forced heir) or 50% (two or more forced heirs) of the estate.
Statute: La. Civil Code art. 1493 et seq.
The full Louisiana executor checklist has 25 milestones: 0 specific to Louisiana law (shown below — filings, forms, and court interactions tied to Louisiana statutes) and 25 universal duties that apply in every state (expandable at the end of the list). The same item never appears in both groups.
Obtain certified death certificates
Order at least 10-12 certified copies of the death certificate from the Louisiana Department of Health, Vital Records Registry. These are required by the district court, financial institutions, insurance companies, and government agencies. Louisiana uses the term 'succession' rather than 'probate' due to its civil law heritage.
Locate and review the will (testament)
Search for the decedent's original testament (will). Louisiana recognizes two forms of testaments: olographic testaments (entirely handwritten, dated, and signed by the testator) and notarial testaments (signed before a notary and two witnesses). Louisiana's forced heirship laws may restrict testamentary freedom for children under 24 or permanently disabled children of any age.
Secure succession property and valuables
Immediately secure the decedent's residence by changing locks if necessary. Safeguard valuables such as jewelry, cash, important documents, firearms, and collectibles. If the home will be vacant, arrange for regular checks, maintain climate control, and notify the homeowner's insurance carrier of the vacancy. Secure vehicles, safe deposit boxes, and storage units. Document the condition of all property with photographs.
File petition to open succession with the district court
File a Petition for Probate of Testament and/or Petition to be Appointed Administrator with the district court in the parish where the decedent was domiciled. Louisiana is the only US state based on the civil law system (derived from French and Spanish law). A simple 'Possession' proceeding is available when the testament is valid and there are no disputes; otherwise, full administration is required.
Obtain judgment of possession or letters of administration
For testate successions without disputes, the court may issue a Judgment of Possession placing the heirs or legatees in possession of the estate assets. For intestate successions or when administration is needed, the court appoints a succession representative and issues Letters of Administration. Louisiana uses 'succession representative' instead of 'executor.'
Notify the Social Security Administration
Report the death to the Social Security Administration at 1-800-772-1213 if the funeral home has not already done so. Benefits received after the date of death must be returned. Surviving spouses and dependent children may be eligible for survivor benefits.
Cancel services, subscriptions, and forward mail
Forward the decedent's mail through USPS to the executor's address or a secure location to capture bills, tax documents, and creditor correspondence. Cancel or transfer utilities (electric, gas, water, internet, phone), streaming services, gym memberships, magazine subscriptions, and other recurring payments. Notify the landlord if the decedent rented. Cancel the decedent's driver's license, voter registration, and passport to help prevent identity theft.
Notify creditors
Under Louisiana Code of Civil Procedure Article 3304, the succession representative must send written notice to all known creditors. Creditors generally have three months from the date of notification to file claims. Louisiana does not require publication of a general notice to creditors in a newspaper, though it is sometimes done voluntarily.
Notify financial institutions
Send certified copies of the death certificate and Judgment of Possession or Letters of Administration to all banks, brokerage firms, insurance companies, and retirement account custodians. Request date-of-death valuations. Louisiana is a community property state; carefully distinguish between community property and separate property.
Open a succession bank account
Obtain an EIN from the IRS via Form SS-4 and open a checking account in the name of the succession (estate). All succession income and expense payments should flow through this account. Louisiana's civil law terminology may require explanation for financial institutions unfamiliar with the process.
File IRS Form 56 (Notice of Fiduciary Relationship)
File IRS Form 56 to notify the IRS that you are acting as the fiduciary (executor or administrator) for the decedent's estate. This establishes your authority to receive the decedent's tax information, file returns on their behalf, and correspond with the IRS regarding estate matters. File this form promptly after receiving Letters.
Maintain insurance and pay ongoing estate expenses
Review and maintain all insurance policies on estate property, including homeowner's insurance, auto insurance, and any umbrella liability coverage. Lapsed coverage during administration can expose the estate to significant liability. Continue paying ongoing obligations from the estate bank account: mortgage or rent, property taxes, HOA fees, storage unit fees, and essential maintenance. Keep detailed records of all payments for the final accounting.
Prepare detailed descriptive list of assets and liabilities
Prepare and file a Detailed Descriptive List of assets and liabilities with the court, as required by Louisiana Code of Civil Procedure Article 3136. This is the equivalent of an inventory and must include all immovable property (real estate), movable property (personal property), and debts, with date-of-death fair market values. Louisiana uses the terms 'immovable' and 'movable' property from its civil law tradition.
Handle digital assets and online accounts
Identify and secure the decedent's digital assets, including email accounts, social media profiles, cloud storage, cryptocurrency wallets, online banking, and digital subscriptions. Most states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which governs fiduciary access to digital accounts. Check the decedent's devices, password managers, and records for account credentials. Contact service providers to memorialize or close accounts as appropriate.
File claims against life insurance and benefits policies
File claims on all life insurance policies, accidental death policies, and any other insurance or death benefits payable to the estate or named beneficiaries. Provide certified death certificates and completed claim forms to each insurance carrier. Note that policies with named beneficiaries generally pass outside of probate directly to the beneficiary, but proceeds payable to the estate must be inventoried.
File final personal income tax return (Form 1040 and Louisiana Form IT-540)
File the decedent's final federal income tax return (Form 1040) and Louisiana individual income tax return (Form IT-540) for the period from January 1 through the date of death. Louisiana imposes a graduated income tax. A surviving spouse may file jointly for the year of death.
File estate income tax return (Form 1041 and Louisiana Form IT-541) if applicable
If the estate earns more than $600 in gross income during the administration period, file federal Form 1041 and Louisiana Fiduciary Income Tax Return (Form IT-541). The estate is a separate taxpayer from the date of death.
File estate tax return (Form 706) if applicable
If the gross estate exceeds the federal estate tax exemption, file federal Form 706 within nine months of death. Louisiana does not impose a separate state estate or inheritance tax (the Louisiana estate transfer tax was repealed). Form 706 may be filed for portability of the deceased spouse's unused exclusion amount.
Review and pay valid creditor claims
Evaluate all claims presented by creditors. Pay valid debts from succession funds in the order of priority established by Louisiana law. Under Louisiana's community property regime, the surviving spouse's half of community property is not subject to the decedent's debts (except for community debts).
Address forced heirship claims if applicable
Louisiana's forced heirship laws (Louisiana Civil Code Articles 1493-1502) entitle certain children (under 24, or permanently disabled of any age) to a minimum share of the estate (the 'legitime'), regardless of the testament's provisions. Verify compliance with forced heirship rules before distributing assets.
Distribute specific legacies
Distribute any particular legacies (specific gifts) identified in the testament, such as immovable property, heirlooms, specific dollar amounts, or particular assets to named legatees. Louisiana distinguishes between universal, general, and particular legacies. Obtain signed receipts from each legatee. Ensure adequate reserves are maintained for taxes, administration costs, and any pending creditor claims.
Distribute residuary succession assets to heirs and legatees
After all debts, taxes, expenses, forced heirship obligations, and particular legacies have been satisfied, distribute the remaining succession assets to the universal or general legatees as directed by the testament, or to heirs under Louisiana intestacy law (Civil Code Articles 880-901). For immovable property, record the Judgment of Possession with the parish clerk of court to transfer title. Obtain signed receipts from all recipients.
File final accounting with the court
File a Tableau of Distribution and final accounting with the district court detailing all succession receipts, disbursements, and distributions. The court will review and approve the accounting. Interested persons may file oppositions.
Close the succession
After the court approves the final accounting and all distributions are complete, file to close the succession and discharge the succession representative. Close the succession bank account, verify all checks have cleared, and retain financial records for at least five years.
Close the succession bank account
After all distributions are complete and the final accounting is approved, close the succession bank account. Ensure all outstanding checks have cleared and no further transactions are pending. Retain all financial records for at least seven years for tax and audit purposes.
Non-resident decedents who owned Louisiana immovable property require a Louisiana ancillary succession in the parish where the property is located. Louisiana's civil-law rules apply to Louisiana immovable property regardless of the decedent's domicile - a major trap for out-of-state lawyers.
Successions without administration close in 3 months or less, independent administration runs 3-9 months, and full court-supervised administration takes 6-18 months. Louisiana's procedure is among the fastest in the country for uncontested estates.
Court filing fees run $250-$450 by parish. La. C.C.P. art. 3351 caps the succession representative's fee at 2.5% of the gross estate. Attorney fees for simple successions typically run $1,500-$3,000; complex successions $5,000-$15,000+.
$125,000 gross succession value under La. C.C.P. art. 3431, or any value if the decedent has been dead 20+ years. Both movable AND immovable property can be transferred by affidavit - more flexible than most states.
Strongly recommended. Louisiana's civil-law succession system is fundamentally different from common-law probate, and forced heirship plus community property create traps for the unwary. Small succession affidavits are commonly handled with an attorney.
Yes. Revocable living trusts, joint accounts, beneficiary designations, life insurance, and community property survivor rights all bypass succession. Louisiana does NOT recognize transfer-on-death deeds for immovable property - a trust or donation is the standard alternative.
Louisiana does not impose a specific filing deadline. The will is presented to the court when the succession is opened, which can be done at any time after death (though delays can complicate creditor and title matters).
No. Louisiana repealed its estate transfer tax in 2008 and has no inheritance tax. Only the federal estate tax applies (2026 exemption: $15M individual / $30M married under the OBBBA).
No. Louisiana's civil-law tradition does not recognize TOD deeds for real estate. Common alternatives include revocable trusts, donations inter vivos with reserved usufruct, and joint titling with right of survivorship (limited application under Louisiana law).
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This page is informational, not legal advice. Probate rules, thresholds, fees, and tax exemptions change. For your specific situation, consult a licensed Louisiana probate attorney.