Louisiana Probate Courts and Filing Requirements

After a loved one passes, one of the first questions families ask is where to file and what paperwork the court needs. Louisiana does not have a separate probate court, which surprises many people who have handled estates in other states.

Filing in the wrong court or with incomplete documents can delay the process for months. A Louisiana estate planning attorney can also help you plan so your family’s filings are simpler.

At Richard J. Tomeny Jr. Attorney at Law, we handle succession filings for families across Louisiana from our Baton Rouge and Metairie offices.

Which Louisiana Court Handles a Succession?

In Louisiana, successions are handled by the state district courts. The Louisiana judicial branch includes 43 district courts, each serving one or more parishes.

For example, successions in East Baton Rouge Parish are filed with the 19th Judicial District Court. In Jefferson Parish, they go to the 24th Judicial District Court, and in Orleans Parish, to Civil District Court.

Choosing the Correct Parish

Under C.C.P. article 2811, a succession must be opened in the district court of the parish where the person was domiciled at death. Domicile generally means the person’s principal home.

If the person lived outside Louisiana, the succession may be opened in a parish where they owned immovable property. If they owned no Louisiana real estate, it may be opened where their movable property is located.

Documents Typically Filed to Open a Succession

The exact filings depend on whether there is a testament and which procedure is used. Most successions include some combination of the following:

• Petition: Asks the court to probate the testament, confirm an executor, appoint an administrator, or send the heirs into possession.
• Original testament: The original, not a copy, must be filed with the court.
• Death certificate: A certified copy establishes the date and place of death.
• Affidavit of death, domicile, and heirship: Sworn statements from people who knew the deceased identify their domicile, marriages, and children.
• Detailed descriptive list or inventory: A sworn list of the estate’s property and debts.
• Proposed orders and judgment: The documents the judge will sign, such as letters testamentary or a judgment of possession.

Our overview of the Louisiana probate process explains how these filings fit into each stage.

Proving the Testament and Completing the Record

Notarial and Olographic Testaments

A notarial testament is generally self-proving, so it can be probated without witness testimony. An olographic testament requires more.

Under C.C.P. article 2883, an olographic testament must be proved by two credible witnesses who confirm that it was written, dated, and signed in the testator’s handwriting. Their testimony may be given by affidavit, although the court can still require them to appear.

If no testament is found, the succession proceeds as intestate. Our guide to wills in Louisiana explains the differences between testament types.

Recording the Judgment of Possession

The judgment of possession should be recorded in the conveyance records of every parish where the deceased owned real estate. Recording protects the heirs’ title and allows them to sell or refinance the property later.

The Louisiana Clerks of Court Association lists contact information for each parish clerk.

Fees and Timing

Filing and recording fees are set by each parish clerk, so costs vary across Louisiana. Louisiana does not require a succession to be opened within a short deadline, but long delays can complicate title, taxes, and access to accounts.

Common Filing Mistakes to Avoid

• Filing in the wrong parish because the deceased owned property in several places
• Submitting a copy of the testament instead of the original
• Overlooking a later testament or codicil that changes the plan
• Leaving out heirs, such as children from a prior relationship
• Forgetting to record the judgment in every parish with real estate

When a filing is challenged or heirs disagree, a Louisiana succession litigation lawyer can represent your interests in court. Smaller estates may qualify for simpler procedures, which our guide on how to avoid probate describes.

Get Help With Your Succession Filing

A Louisiana probate lawyer or Louisiana succession lawyer can prepare the filings correctly the first time and move the case toward a judgment of possession.

Contact Richard J. Tomeny Jr. Attorney at Law to schedule a consultation at our Baton Rouge or Metairie office.

Back to Estate Planning Resources →