How Do I File Taxes for a Deceased Person in Louisiana?
Louisiana requires a final state income tax return for the decedent alongside the federal Form 1040La. R.S. 47:32(A); La. R.S. 47:294; Acts 2024, 3rd Ex. Sess., No. 11 (HB 10)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
At minimum, a final federal income tax return (Form 1040) for income earned through the date of death, and Louisiana requires a final state income tax returnLa. R.S. 47:32(A); La. R.S. 47:294; Acts 2024, 3rd Ex. Sess., No. 11 (HB 10)Verified Sep 20, 2026View source (IT-540La. R.S. 47:103 (May 15 deadline; automatic six-month extension); La. R.S. 47:162 (fiduciary filing thresholds); La. R.S. 47:32(A) (individual flat 3%); La. R.S. 47:300.1 (estate/trust flat 3%); LAC 61:III.1509 (IT-541 e-file mandate)Verified Sep 10, 2026View source) as well. If the estate earns income during administration, a federal fiduciary return (Form 1041) and a Louisiana fiduciary return (IT-541La. R.S. 47:103 (May 15 deadline; automatic six-month extension); La. R.S. 47:162 (fiduciary filing thresholds); La. R.S. 47:32(A) (individual flat 3%); La. R.S. 47:300.1 (estate/trust flat 3%); LAC 61:III.1509 (IT-541 e-file mandate)Verified Sep 10, 2026View source) may also be required.
The final federal income tax return is due April 15 following year of death26 USC 6012(b)(1)Verified Sep 15, 2026. The final Louisiana return is due May 15 following the year of death (Louisiana uses May 15, not April 15) — La. R.S. 47:103La. R.S. 47:103 (May 15 deadline; automatic six-month extension); La. R.S. 47:162 (fiduciary filing thresholds); La. R.S. 47:32(A) (individual flat 3%); La. R.S. 47:300.1 (estate/trust flat 3%); LAC 61:III.1509 (IT-541 e-file mandate)Verified Sep 10, 2026View source. The Louisiana fiduciary return is due May 15 for a calendar-year returnLa. R.S. 47:103 (May 15 deadline; automatic six-month extension); La. R.S. 47:162 (fiduciary filing thresholds); La. R.S. 47:32(A) (individual flat 3%); La. R.S. 47:300.1 (estate/trust flat 3%); LAC 61:III.1509 (IT-541 e-file mandate)Verified Sep 10, 2026View source.
No tax clearance or state death tax receipt is required before distributing an estate. The inheritance tax was repealed (Acts 2008, No. 822) and, effective January 1, 2012, LDR issues no inheritance tax receipts regardless of the date of deathLa. R.S. 47:103 (May 15 deadline; automatic six-month extension); La. R.S. 47:162 (fiduciary filing thresholds); La. R.S. 47:32(A) (individual flat 3%); La. R.S. 47:300.1 (estate/trust flat 3%); LAC 61:III.1509 (IT-541 e-file mandate)Verified Sep 10, 2026View source. Every tax obligation is still settled before the final distribution.
No. No Louisiana estate or inheritance tax is payable for a death today: the state keeps death-tax provisions on its books that are inoperative for current deathsNo state death tax due. Inheritance tax repealed (La. R.S. 47:2401, "Repealed by Acts 2008, No. 822, §1, eff. Jan. 1, 2010"). Estate transfer tax (La. R.S. 47:2431–2437) remains codified but is pegged to the IRC § 2011 state death tax credit, so no estate transfer tax is due for deaths after December 31, 2004Verified Sep 15, 2026View source, so nothing is due. The tax filings after a death are the income tax returns (the final return and, where the estate earns income, the estate income tax return). Only the federal estate tax applies, and only to an estate above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
Yes. Estate size does not change the final income tax return: a final Form 1040 is filed whatever the estate is worth if the decedent had income. What a smaller estate avoids is the federal estate tax return (Form 706), due 9 months after date of death (6-month extension available)26 USC 6018; 26 USC 6075(a)Verified Sep 15, 2026 and required only above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
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In Louisiana, a person named as testamentary executor may decline to serveLa. Code Civ. Proc. art. 3083Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In Louisiana, the Small Succession AffidavitLa. C.C.P. art. 3421Verified Sep 8, 2026View source covers estates valued at $200,000La. C.C.P. art. 3421Verified Sep 8, 2026View source or less, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.
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In Louisiana, the personal representative is discharged by court orderLa. C.C.P. arts. 3391, 3392, 3396.19Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
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Free tools for settling an estate in Louisiana: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Louisiana, certified death certificates come from the Louisiana Department of Health - Vital Records RegistryLouisiana Department of Health - Vital Records RegistryVerified Oct 15, 2026View source; the first copy costs $7Louisiana Department of Health - Vital Records RegistryVerified Oct 15, 2026View source.
Do I Need Probate?
In Louisiana, estates valued at $200,000La. C.C.P. art. 3421Verified Sep 8, 2026View source or less skip probate with the Small Succession AffidavitLa. C.C.P. art. 3421Verified Sep 8, 2026View source.
How Do I Settle an Estate?
Settling an estate in Louisiana: creditors have 3 monthsLa. C.C.P. arts. 3241-3249, 3301-3308; La. C.C. art. 3276Verified Oct 18, 2026View source to present claims; a simple estate closes in 3 months to 6 months.
What Do I Do When Someone Dies?
After a death in Louisiana, the estate either qualifies for the simplified procedure for estates under $200,000La. C.C.P. art. 3421Verified Sep 8, 2026View source or goes through probate, where creditors have 3 monthsLa. C.C.P. art. 3302Verified Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Louisiana levies no estate or inheritance taxNo state death tax due. Inheritance tax repealed (La. R.S. 47:2401, "Repealed by Acts 2008, No. 822, §1, eff. Jan. 1, 2010"). Estate transfer tax (La. R.S. 47:2431–2437) remains codified but is pegged to the IRC § 2011 state death tax credit, so no estate transfer tax is due for deaths after December 31, 2004Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Louisiana imposes no inheritance or estate taxNo state death tax due. Inheritance tax repealed (La. R.S. 47:2401, "Repealed by Acts 2008, No. 822, §1, eff. Jan. 1, 2010"). Estate transfer tax (La. R.S. 47:2431–2437) remains codified but is pegged to the IRC § 2011 state death tax credit, so no estate transfer tax is due for deaths after December 31, 2004Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 3 months to 6 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Louisiana take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesLa. R.S. 47:32(A) — flat 3% individual rate (Acts 2024, 3rd Ex. Sess., No. 11, §§2, 4, eff. Dec. 4, 2024)Verified Sep 15, 2026View source.
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