How Do I File for Probate in Louisiana?

Louisiana offers a small-estate or summary procedure that can transfer property without a full grant of Letters when the estate qualifies. Civil-law terminology differs from common-law probate: estates are "successions," the fiduciary is a "succession representative" (CCP art. 2826(3)), and the parish — not the county — is the civil subdivision. Independent administration (CCP arts. 3396-3396.20) is NOT an automatic default, as an earlier pass stated: it is granted only when the testament provides for it (art. 3396.2 — a statement that the representative may act as "independent administrator" or "independent executor" suffices) or when all general/universal legatees agree and designate the person named in the testament (art. 3396.3). It yields Letters of Independent Administration, which have "the same force and effect as letters of administration or letters testamentary" but carry reduced court supervision (art. 3396(4)), and the court may withdraw them for good cause (art. 3396.20). The small succession threshold for a Louisiana domiciliary was raised to $200,000 gross value by Acts 2026, No. 293 (HB 215), effective August 1, 2026 (prior law: $125,000); the ANCILLARY succession of a person domiciled outside Louisiana stays at $125,000 (CCP art. 3421(2)); a succession is also small where "the date of death occurred at least twenty years prior to the execution of a small succession affidavit," regardless of value (CCP art. 3421(3)) — which also confirms Louisiana sets NO deadline for OPENING a succession. One time bar does exist on the testate side: CCP art. 2893 — "No testament shall be admitted to probate unless a petition therefor has been filed in a court of competent jurisdiction within five years after the judicial opening of the succession of the deceased" (verified legis.la.gov d=111570, 2026-08-24) — a bar on probating the testament measured from the JUDICIAL OPENING of the succession, not from death, and not a bar on intestate administration; see appointmentTiming. Small successions get half the normal court costs and cap the representative’s compensation at 5% of gross assets (CCP art. 3422). Many uncontested estates close by a Petition for Possession without ever appointing a representative — not modeled here, which focuses on the appointment/Letters track.

District Court handles decedents' estates in Louisiana. Clerk of Court issues Letters Testamentary or Letters of Administration after the court grants the petition.

Letters Testamentary are issued when there is a will (to the executor); Letters of Administration are issued when there is no will (to an administrator). They give the personal representative authority to act for the estate.