Letters Testamentary in Louisiana
How the Louisiana probate court issues letters testamentary or letters of administration, and what you need to apply.
Short answer: A succession is opened in the district court of the parish where the decedent was domiciled. The court confirms the executor named in a probated testament or appoints an administrator. La. Code Civ. Proc. arts. 3158, 3159, 3151, 3153
| Letters testamentary | A succession is opened in the district court of the parish where the decedent was domiciled. The court confirms the executor named in a probated testament or appoints an administrator. Once the representative has furnished any required security and taken an oath to faithfully discharge the office, the clerk issues 'letters testamentary' (executor) or 'letters of administration' (administrator), under the seal of the court, as proof of the appointment and qualification. An executor need not post security unless the will requires it (or in limited cases); an administrator generally must. Louisiana also allows 'independent administration,' evidenced by letters of independent administration (referenced in art. 3191). |
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| Who can be executor | A person cannot serve as executor or administrator if under 18, interdicted or proved mentally incompetent, a convicted felon, proved unfit because of bad moral character, or a corporation not authorized to serve in Louisiana. A nonresident may serve only after appointing a Louisiana resident agent for service of process and filing that appointment in the succession. An executor named in the will does not have to post security unless the will requires it (or in limited cases); an administrator generally must post security of one-fourth more than the value of the succession property, which the court may reduce. Security: https://legis.la.gov/legis/Law.aspx?d=111624 and https://legis.la.gov/legis/Law.aspx?d=111626. |
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FAQ
How do I get letters testamentary in Louisiana?
A succession is opened in the district court of the parish where the decedent was domiciled. The court confirms the executor named in a probated testament or appoints an administrator. Once the representative has furnished any required security and taken an oath to faithfully discharge the office, the clerk issues 'letters testamentary' (executor) or 'letters of administration' (administrator), under the seal of the court, as proof of the appointment and qualification. An executor need not post security unless the will requires it (or in limited cases); an administrator generally must.
Who can be an executor in Louisiana?
A person cannot serve as executor or administrator if under 18, interdicted or proved mentally incompetent, a convicted felon, proved unfit because of bad moral character, or a corporation not authorized to serve in Louisiana. A nonresident may serve only after appointing a Louisiana resident agent for service of process and filing that appointment in the succession. An executor named in the will does not have to post security unless the will requires it (or in limited cases); an administrator generally must post security of one-fourth more than the value of the succession property, which the court may reduce.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.