There are a handful of steps required to get an executor of a Succession in Louisiana confirmed. It’s important to follow the law and make sure you don’t miss anything. Once the Judge signs and the executor is confirmed by the court, he/she can then access bank accounts, sell assets and real property and be able to handle other aspects of the estate.
Executor of a succession is an important job and whoever named you in their will must have had faith that you would handle their business after they passed. Some look at it as an honor, others a burden they did not ask for, but we’re here to help you through the process.
An executor of a succession is normally named in the Will, however, just because you are named as the executor does not give you the power to act. Not just yet. You must first go through the process and submit to the court to be confirmed.
This checklist does not substitute for legal advice, nor do we suggest you attempt it on your own. A mistake can cost you drastically and can delay the succession. We recommend calling us and scheduling an appointment, this is just for reference and to let you know what to expect.
- Gather the original Last Will and Testament of the deceased. It must be the one that was signed and names the executor to the succession. We will need to submit the original to the court for probate;
- Petition to probate the Last Will and Testament and Confirmation of Independent Executrix;
- Plaintiff verifications must be signed and notarized;
- Affidavit of Death, Domicile and Heirship is prepared and signed by two (2) people who knew the deceased. This is just proof that the individual is actually deceased and that there is a will;
- The executor signs the Oath which states they swear to perform their duties as Executor or Executrix of the succession. This is done in front of a notary as well;
- Our firm will prepare Letters of Executorship that will go to the clerk of court for signature. You, as the executor, will need certified copies to handle things such as banking.
We gather this information from you and compile it into a packet to send to the court for signatures. Don’t hold your breath on this part, it could take weeks. Sometimes the court system gets backed up and it takes time for the paperwork to go from the Clerk’s office to the Judge’s office where he/she will have to check for accuracy before signing. We will give you updates as to the progress at any point of the succession work.
Once you have the certified copies of the Letters of Executorship, you are ready to handle estate matters.
Call us for any questions you may have and we will gladly walk you through the process!
This post is for informational purposes only and does not provide legal advice. Using this site or communicating with Andries Law Firm, LLC, through this site does not form an attorney/client relationship.
Louisiana Estate Planning Attorney
Phone: (318) 269-5857
Louisiana Executor FAQ
How Do You Become Executor of Estate in Louisiana?
Petition the court in which the succession has been opened. You will need the original Will and Death Certificate.
Meet the requirements for executors set forth in C.C.P. 3097
Who Can Be an Executor of a Will in Louisiana?
A person may be confirmed as an executor as long as they meet the requirements, namely:
- Be at least 18 years old;
- Not be interdicted or proven to be mentally incompetent;
- Cannot be a convicted felon under the laws of the U.S. or any state.
How Long Does It Take to Get Confirmed as Executor in Louisiana?
The length of time it takes to get confirmed as executor depends on a few factors such as:
- How quickly you bring the required documents to your attorney;
- How quickly the Clerk of Court processes the paperwork and assigns it to a judge.
- How quickly the Judge signs your paperwork to appoint.
- How quickly it takes to get the paperwork in your hands.
You can easily expect the process to take a few weeks, but again, it all depends on how organized you and your attorney are.