What Do I Do When Someone Dies in Louisiana?

A step-by-step checklist for the days, weeks, and months after a death, with the state's rules, deadlines, fees, and official forms noted on the steps they apply to. Free PDF.

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Louisiana Executor Checklist

50 tasks to complete

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Notify immediate family members

Contact close family members who need to know. Coordinate funeral arrangements and gather contact information for extended family and friends.

Confirm who has authority over final arrangements

Louisiana: State law sets the order of who controls disposition of remains. Order: Person designated by decedent in a notarial testament or written and notarized declaration; then Surviving spouse (if no pending petition for divorce filed by either spouse); then Majority of surviving adult children; then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Arrange burial, cremation, or other disposition

Work with a funeral home, crematory, or other provider to arrange disposition of the body. State rules govern cremation waiting periods, required authorizations, and burial or disposition permits. The funeral home typically provides certified death certificates and files the death certificate with vital records.

Louisiana: Medical examiner authorization is required before cremation. A burial or disposition permit is required, issued by Local registrar of vital statistics; burial-transit permit must be obtained before interment, cremation, removal from state, or other disposition (La. R.S. 40:52). The death certificate must be filed within 5 days. Typical state costs: direct cremation ~$1,500, direct burial ~$3,000, traditional funeral ~$7,600.

How many death certificates do I need?

Obtain certified death certificates

Louisiana: Order from Louisiana Department of Health - Vital Records Registry. Fee: $7/copy ($7 additional). Available: online, phone, mail, in-person. Processing: 8-10 weeks for mail orders.

Unsure how many death certificates you need?

Secure the residence and valuables

Change locks if necessary, ensure the home is secured, and safeguard valuable items. Review who has keys and whether security measures are needed.

Louisiana: Has constitutional homestead protection. Homestead exemption up to $35,000. Surviving spouse has lifetime right to occupy. Minor children also protected.

Locate estate planning documents

Find the original will, trust documents, and any amendments. Check the home, safe deposit box, and contact any attorney the deceased worked with.

Determine if probate is necessary

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types.

Louisiana: Small estate affidavit available for estates under $200,000. Independent administration reduces court oversight.

Do I need probate?Estimate probate costs in your state

Arrange mail forwarding or collection

Ensure mail is collected regularly to identify bills, accounts, and important correspondence. Forwarding mail to the executor/trustee is common practice.

USPS death notification procedures

Notify Social Security Administration

Report the death to Social Security. The funeral home often does this, but verify it was done. Surviving spouse may be eligible for benefits.

Federal: Timing: As soon as possible after death — payments for the month of death and later must be returned. The funeral home typically initiates the report. SSA: 1-800-772-1213.

SSA death notification procedures

Notify Medicare/Medicaid if applicable

Cancel Medicare coverage and return the Medicare card. If on Medicaid, notify the state agency to avoid benefit continuation.

Louisiana: Medicare: No Medicare notification deadline — coverage ends with the death and CMS is notified through SSA. Deadlines that do bind the estate: a Medicare Secondary Payer demand must be repaid within 60 calendar days or interest accrues (42 CFR 411.24(h)), and any claim for services furnished before death must be filed within 12 months of the date of service.. If the deceased received Medicaid, Louisiana's estate recovery program (Louisiana Department of Health — Recovery and Premium Assistance Unit) may file a claim against the estate for benefits paid. Exemptions and hardship waivers are state-specific.

Medicare/Medicaid death notification procedures Louisiana Medicaid estate recovery program

Notify Veterans Affairs if applicable

If the deceased was a veteran, notify the VA to stop benefits and inquire about burial benefits and survivor benefits.

Federal: Timing: No fixed deadline to report the death, but report right away to stop payments and avoid overpayment debt; accrued-benefits and substitution requests are due within 1 year of death, and non-service-connected burial allowance claims within 2 years of burial. VA: 1-800-827-1000 (select 5 to report a death); 1-800-535-1117 (national cemetery scheduling).

VA death notification and survivor benefits

Notify employer or former employer

Contact employer about final paycheck, accrued PTO, life insurance, retirement benefits, and COBRA options for survivors.

Employer benefits and pension after a death

Notify banks and financial institutions

Contact each bank and financial institution. They will freeze accounts until proper documentation is provided.

Find your bank or credit union death claim process FDIC guidance on accounts after a death

Notify insurance companies

Contact life insurance companies to file claims. Also notify health, auto, and homeowner insurance to update or cancel policies.

Louisiana: Divorce automatically revokes beneficiary designations naming a former spouse on life insurance, retirement accounts, annuities (La. C.C. art. 1608(5); La. R.S. 9:2449.1; La. R.S. 22:911.1; La. R.S. 9:2449). Employer plans governed by federal law (ERISA) and federal benefits are not affected by the state rule. Confirm whether any designation predates a divorce before it is paid out.

Find your insurance company death claim process

Freeze credit at all three bureaus

Place a deceased alert or credit freeze with Equifax, Experian, and TransUnion to prevent identity theft. Over 2 million deceased identities are stolen annually.

FTC identity theft prevention for the deceased

Gather financial account statements

Collect recent statements for all bank accounts, investment accounts, retirement accounts, and any other financial accounts.

What are my personal items worth for probate?

Gather real estate documents

Locate deeds, mortgage statements, property tax bills, and homeowner insurance policies for all real property. Check the county recorder for any recorded Transfer on Death deeds.

Louisiana: Has constitutional homestead protection. Homestead exemption up to $35,000. Acreage limits: 5 acres urban, 200 acres rural. Surviving spouse has lifetime right to occupy. Minor children also protected.

What is a Transfer on Death deed?

Gather recent tax returns

Locate the last 3-5 years of federal and state income tax returns. These help identify income sources, assets, and deductions.

Do I have to file tax returns for someone who died?IRS procedures when someone dies

Obtain an EIN for the estate

Apply for an Employer Identification Number (EIN) from the IRS. The estate needs its own tax ID to open bank accounts and file tax returns.

Apply for an estate EIN IRS procedures when someone dies

File petition for probate with the court

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond.

Louisiana: File with the District Court (succession proceedings) of the parish of the decedent’s domicile. E-filing is not open to self-represented filers. Counties may require additional local forms. Filing fees vary by estate value. Independent administration reduces court supervision. Typical duration: 3-18 months.

Can I self-file probate?

Obtain letters testamentary or administration

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority.

Louisiana: Letters Testamentary are issued by the Clerk of Court, after the district judge signs the order confirming the executor or appointing the administrator and the representative qualifies (oath, and security if required). The state's title for the role is Succession representative (executor if testate, administrator if intestate; independent administrator/executor under independent administration). Typically filed with the petition: Proof of the decedent’s death and of the heirs’ relationship — EITHER an official certificate issued by the proper public officer (a certified death certificate) OR an affidavit executed by two persons having knowledge of the facts, filed in the record of the succession proceeding (CCP arts. 2821-2822). The affidavit route — the customary "Affidavit of Death, Domicile and Heirship" — is what Louisiana practice actually files; no article requires a death certificate.; Original testament (will), if any, for probate (CCP art. 2851: "any person who considers that he has an interest in opening the succession may petition a court of competent jurisdiction for the probate and execution of the testament"); Petition (drafted to the CCP) to open the succession and for probate/confirmation of the executor (CCP arts. 2851, 3081-3082) or for appointment of an administrator (CCP arts. 3091-3098); Sworn descriptive list of assets and liabilities, or inventory (CCP art. 3136; the court orders one upon the filing of an application for appointment — CCP art. 3094); Oath of office of the succession representative (CCP art. 3158); Security/bond unless dispensed with (administrator: CCP art. 3151; testator-named executor exempt unless the testament requires it or security is compelled under arts. 3154-3155).

Post surety bond if required

If the court requires a bond, obtain a surety bond from an insurance company. The bond protects beneficiaries from executor misconduct.

Louisiana: Bond required unless waived in will. Typical premium: 0.5% of estate value.

Open an estate bank account

Open a dedicated checking account for the estate using the EIN and letters testamentary. All estate income and expenses flow through this account.

Consider hiring a probate attorney

For complex estates or if unfamiliar with probate, hiring an attorney is common. Many states allow statutory attorney fees.

Louisiana: Attorney fees typically 1.9-3% of estate.

Find a probate attorney in your state Can I self-file probate instead?

Publish notice to creditors

Publish a notice in a local newspaper to alert potential creditors. This starts the creditor claim period running.

Louisiana: Louisiana does not require newspaper publication. Creditors have 3 months from the date of death to file claims. Proof of publication must be filed with the court.

What are the creditor claim deadlines?

Inventory digital accounts and assets

Identify email accounts, social media, online banking, cryptocurrency, and other digital assets. Note any password managers used.

Louisiana: Louisiana has adopted digital asset access laws (2014). Fiduciaries may access digital assets without specific authorization.

Digital assets guide

Search for unclaimed property and lost assets

Search the state unclaimed property database for forgotten bank accounts, uncashed checks, insurance proceeds, and refunds owed to the deceased. Estates frequently recover assets the deceased never tracked.

Louisiana: Search Louisiana Department of the Treasury — Unclaimed Property Division for forgotten accounts, refunds, and uncashed checks owed to the deceased.

Louisiana Department of the Treasury — Unclaimed Property Division unclaimed property search

Manage real estate

Maintain property, continue paying mortgage and taxes, arrange for property management if needed, and prepare for sale or transfer.

Louisiana: Louisiana is a community property state. Real property acquired during marriage belongs to both spouses equally. Community property receives a full step-up in basis. File appropriate affidavits with the county recorder to establish surviving spouse ownership.

Estimate probate costs for real estate

Review and manage investments

Review investment accounts, decide whether to maintain or liquidate positions, and manage accounts prudently during administration.

Find your brokerage death claim process SEC guidance on accounts after a death

Handle retirement accounts

Contact retirement account custodians about beneficiary claims. IRAs and 401(k)s typically pass by beneficiary designation, not through the estate.

Find your retirement provider death claim process Are my beneficiary designations protected?

Identify and list all debts

Create a comprehensive list of all debts including credit cards, loans, mortgages, and any other obligations.

What are the creditor claim deadlines?CFPB guidance on debts after a death

Cancel subscriptions and memberships

Cancel recurring charges for subscriptions, memberships, and services no longer needed.

Managing digital accounts after a death

File inventory with the court

Prepare and file an inventory of all estate assets with their values. The filing deadline runs from your appointment as personal representative and is set by state law.

Louisiana: The estate inventory has no fixed statutory deadline. You set the fair-market values yourself; no independent appraiser is required. In place of a formal notarial inventory, the succession representative may file a sworn detailed descriptive list of all succession property (stating each item’s fair-market value at date of death), without needing court authority. This is the standard Louisiana practice.

What are my personal items worth for probate?

Review and respond to creditor claims

Review claims submitted by creditors. Reject invalid claims and pay valid debts from estate/trust assets.

Louisiana: Creditors file claims on a statutory claim form. If the estate cannot pay every claim, payment order: Vendor's privileges, other special privileges and mortgages on immovables, from the price of the property they burden (only seal, inventory and other costs needed to sell it come first); then $1,000 for a surviving spouse or minor children left in necessitous circumstances; then Charges against the succession: funeral charges, law charges, lawyer fees for settling the succession, and claims arising after death; then remaining claims in statutory order.

What are the creditor claim deadlines?

Wait for creditor claim period to expire

Do not make final distributions until the creditor claim period has expired. This protects you from personal liability.

Louisiana: Creditor claim period is 3 months from the date of death.

What are the creditor claim deadlines?

Transfer vehicle titles

Transfer ownership of vehicles to beneficiaries or the estate. Contact the state DMV with a death certificate and title documents.

Louisiana: Louisiana does not offer transfer-on-death vehicle title designations. Vehicles pass through the estate or under other title rules.

What are my personal items worth for probate?

File final personal income tax return

File a final IRS Form 1040 for the deceased covering January 1 through date of death. Write "DECEASED," the decedent's name, and the date of death across the top of the return. If filing jointly with a surviving spouse, include both incomes. Attach Form 1310 to claim a refund, unless you are the surviving spouse filing a joint return or a court-appointed personal representative attaching a copy of the court certificate to the original return.

Louisiana: File IT-540 for January 1 through date of death. Due May 15 following the year of death (Louisiana uses May 15, NOT April 15) — La. R.S. 47:103. Louisiana's individual deadline is May 15, not April 15: returns "shall be made and filed with the secretary at Baton Rouge, Louisiana, on or before the fifteenth day of May, following the close of the calendar year" (La. R.S. 47:103). An automatic six-month extension of the time to FILE applies for periods beginning on or after 1/1/2022 — no request required — but it does not extend the time to PAY. A refund owed to the decedent is claimed by filing Form R-6642, "Refund Claim on Behalf of Deceased Taxpayer" (the form collects the decedent's name, SSN, date of death, the name of the estate, and the name of the executor). Flat 3% rate applies for tax years beginning on or after 1/1/2025 (La. R.S. 47:32(A)).

Do I have to file tax returns for someone who died?IRS procedures when someone dies IRS Form 1040 (Federal)IRS Free File IT-540 (Louisiana)Louisiana Online Filing

File estate/trust income tax return

If the estate or trust earns income during administration ($600 in gross income), file IRS Form 1041. Required if estate gross income is $600 or more, or if any beneficiary is a nonresident alien. The estate can choose a fiscal year. Use Form 7004 for an automatic 5.5-month extension of time to file.

Louisiana: File IT-541 for estate/trust income. Required when Any ONE of the following (La. R.S. 47:162): (1) net income of the estate or trust for the taxable year is $2,500 or more; (2) gross income for the taxable year is $6,000 or more, regardless of the amount of net income; or (3) any beneficiary of the estate or trust is a nonresident of Louisiana. Applies to every resident estate/trust and every nonresident estate/trust deriving income from Louisiana sources.. Due May 15 for a calendar-year return (a 2025 calendar-year return is due May 15, 2026); fiscal-year filers, the 15th day of the fifth month after the close of the year. Automatic six-month extension (a 2025 calendar-year return extends to November 16, 2026); the extension does not extend the time to pay.. Electronic filing of Form IT-541 is mandatory if the return is filed with ONE OR MORE Schedules K-1 attached (LAC 61:III.1509) — not merely above some count threshold. Fiduciary income is taxed at the flat 3% rate for tax years beginning on or after 1/1/2025 (La. R.S. 47:300.1: "The tax to be assessed, levied, collected, and paid upon the Louisiana taxable income of an estate or trust shall be computed at the rate of three percent on Louisiana taxable income."; amended by Acts 2024, 3rd Ex. Sess., No. 11, §2). NOTE: LDR's own Fiduciary Income Tax page is STALE on this point — it still tabulates the pre-2025 graduated 1.85%/3.5%/4.25% fiduciary rates for "periods beginning on or after January 1, 2022" and never mentions the flat rate. The statute governs.

Do I have to file tax returns for someone who died?IRS procedures when someone dies IRS Form 1041 (Federal)IT-541 (Louisiana)

Determine if estate tax return is required

For estates exceeding the federal exemption ($15,000,000), IRS Form 706 is required. Some states have lower thresholds. File Form 4768 for an automatic 6-month extension of time to file. The estate and GST tax is still due within 9 months of death; an extension of time to pay must be requested separately on the same form. Form 706 may also be filed to elect portability of the unused exemption to a surviving spouse.

Louisiana: No state estate or inheritance tax. Only federal Form 706 applies if estate exceeds the federal exemption ($15,000,000).

How much are estate and inheritance taxes?IRS procedures when someone dies IRS Form 706 (Federal)Form 4768 (Extension)

Obtain tax clearance if required

Some states require tax clearance or closing letters before final distribution. Distributing without clearance can create personal liability for the executor or trustee.

Louisiana: 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 death. The estate transfer tax (R.S. 47:2431–2437) remains on the books but is pegged to the now-repealed federal IRC § 2011 state death tax credit, so no estate transfer tax is due for deaths after December 31, 2004.

Do I have to file tax returns for someone who died?

Determine your executor commission

An executor or personal representative is entitled to compensation for administering the estate. Some states set commissions by statute; others allow reasonable compensation. Decide whether to take a commission and document the basis before final distribution.

Louisiana: Executor compensation is set by statute at 2.5% of the estate. Commissions are taxable income to the executor and are usually waived when the executor is also the main beneficiary.

How much can an executor charge?

Prepare distribution plan

Create a detailed plan for distributing assets according to the trust terms, will provisions, or intestate succession laws.

Who inherits without a will?

Notify beneficiaries of proposed distribution

Provide beneficiaries with a proposed distribution and accounting before making distributions.

I'm inheriting - what do I need to know?

Handle specific bequests

Distribute specific items (jewelry, heirlooms, etc.) to named beneficiaries as specified in the will or trust.

What are my personal items worth for probate?

Obtain receipts and releases from beneficiaries

Have beneficiaries sign receipts acknowledging distributions. Releases from liability are also commonly obtained.

Distribute assets to beneficiaries

Transfer assets to beneficiaries according to the distribution plan. Keep detailed records of all distributions.

Prepare final accounting

Create a detailed accounting showing all assets, income, expenses, and distributions. This may be required by the court or beneficiaries.

File final accounting with the court

Submit the final accounting to the probate court for approval. This is required before the estate can be formally closed.

Can I self-file probate?

Petition to close the estate

File a petition with the court to formally close the estate once all duties are complete.

Estate closing forms

Retain records for required period

Keep copies of all documents, accountings, receipts, and tax returns. Most professionals recommend keeping records for 7-10 years.

I understand this is general guidance only and requirements vary by state. I will verify all requirements with my state's probate court.I understand this checklist is not legal advice; a licensed attorney handles legal questions.Send me helpful estate planning resources and updates

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This checklist provides general guidance for estate settlement. Requirements vary by state and circumstance. Consult a licensed attorney for legal advice.Data verified 2026-09-15

Frequently Asked Questions

Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy. Order from Louisiana Department of Health - Vital Records Registry. Fee: $7/copy ($7 additional). Available: online, phone, mail, in-person. Processing: 8-10 weeks for mail orders.

State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made. State law sets the order of who controls disposition of remains. Order: Person designated by decedent in a notarial testament or written and notarized declaration; then Surviving spouse (if no pending petition for divorce filed by either spouse); then Majority of surviving adult children; then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types. Small estate affidavit available for estates under $200,000. Independent administration reduces court oversight.

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond. File with the District Court (succession proceedings) of the parish of the decedent’s domicile. E-filing is not open to self-represented filers. Counties may require additional local forms. Filing fees vary by estate value. Independent administration reduces court supervision. Typical duration: 3-18 months.

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority. Letters Testamentary are issued by the Clerk of Court, after the district judge signs the order confirming the executor or appointing the administrator and the representative qualifies (oath, and security if required). The state's title for the role is Succession representative (executor if testate, administrator if intestate; independent administrator/executor under independent administration). Typically filed with the petition: Proof of the decedent’s death and of the heirs’ relationship — EITHER an official certificate issued by the proper public officer (a certified death certificate) OR an affidavit executed by two persons having knowledge of the facts, filed in the record of the succession proceeding (CCP arts. 2821-2822). The affidavit route — the customary "Affidavit of Death, Domicile and Heirship" — is what Louisiana practice actually files; no article requires a death certificate.; Original testament (will), if any, for probate (CCP art. 2851: "any person who considers that he has an interest in opening the succession may petition a court of competent jurisdiction for the probate and execution of the testament"); Petition (drafted to the CCP) to open the succession and for probate/confirmation of the executor (CCP arts. 2851, 3081-3082) or for appointment of an administrator (CCP arts. 3091-3098); Sworn descriptive list of assets and liabilities, or inventory (CCP art. 3136; the court orders one upon the filing of an application for appointment — CCP art. 3094); Oath of office of the succession representative (CCP art. 3158); Security/bond unless dispensed with (administrator: CCP art. 3151; testator-named executor exempt unless the testament requires it or security is compelled under arts. 3154-3155).

After a Death in Louisiana

Estate settlement in Louisiana begins with determining whether probate is required. Estates under $200,000 may qualify for simplified procedures that avoid formal court involvement. For larger estates, probate provides a structured process for resolving debts and distributing assets.

The 3 months creditor claim period in Louisiana is a key factor in the settlement timeline. No final distribution should occur until this period expires. State procedure sets a practical floor of about 3 months before an estate can close (La. C.C.P. art. 3302 (3-month wait before paying estate debts); remainder industry estimate). Simple estates close in 3 months to 6 months from the date of filing.

Louisiana requires an executor bond by default. The bond can be waived through a provision in the will, reducing upfront costs. The executor is responsible for managing estate expenses, filing tax returns, and providing a final accounting to the court and beneficiaries. Louisiana provides a family allowance for eligible survivors during administration (La. C.C.P. art. 3321; La. C.C. art. 2437 (marital-portion periodic allowance)).

Estate settlement expenses in Louisiana include attorney fees, executor fees, court costs, and creditor notice publication — about $24,842 on a $500,000 estate. Estates held in a revocable living trust avoid probate entirely and settle in weeks rather than months.

SimplyTrust Editorial·Updated September 8, 2026

Legal Sources

Data sourced from Louisiana statutes and official state code. How we research.

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Decline an appointment as executor — the writing filed with the court, drafted to your state's rule, with its deadline and filing office.

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Prepare the sworn statement of a deceased person's family history and heirs for recording in the county land records, composed to your state's statute with its recording instructions.

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Prepare the affidavit that collects a small estate's property without probate — the official state form or an affidavit drafted to statute, plus a presentation letter for each holder.

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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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How Much Can an Executor Charge?

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