Does A Succession Require The Appointment Of An Executor In Louisiana?

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Due to several factors, an estate or succession in Louisiana usually must be done by a court-approved executor or administrator.

What Is The Difference Between An Executor And An Administrator?

If the decedent left a last will and testament in which they named a specific person to handle the legal affairs of the estate, then that person is considered the executor of the estate or succession. If the decedent did not leave a will and testament or if there was a will and testament but it did not name a specific person to manage the estate, then the court appointed manager of the estate is considered an administrator.

How Is The Executor Or Administrator Qualified And Appointed?

If a will or testament is involved in the succession, then the first step will be to probate that will or testament. The person appointed as executor in the will or testament must file a petition with the court for their confirmation/appointment and for issuance of letters testamentary by the court. Unless the person appointed in the will and testament as executor is not qualified, the judge will usually render the order of confirmation upon the petitioning for that confirmation. The judges will also require the issuance of letters testamentary.

If An Heir Or Legate Who For Stated Reasons Feels That The Person Named Executor In The Will And Testament Is Not Qualified To Be An Executor Or Manager Of The Estate, What Do They Do?

If an heir or legate believes that the named executor is not qualified to serve as such, then that person must file a rule to show cause why the court should not find the executor unqualified and therefore appoint someone else. The person chosen to replace the named executor may be the person who objected to the named executor, or anyone else who has signified to the court willingness to serve and listed their qualifications for doing so. Next, a hearing will be set by the judge who listens to the evidence and objections. He then rules either in favor of or against the person named executor in the will or testament. If the judge rules against the person named in the will and testament, then the judge will also decide which applicant will serve as executor.

What Are Letters Testamentary?

Letters testamentary are issued in the name and under the seal of the court and are comprised of the confirmation or appointment of the executor and their qualification and compliance with the law. Letters testamentary are used by the executor and shown to anyone who conducts estate business with the executor.

After The Judge Confirms The Appointment Of An Executor, Are There Other Things The Executor Must Do To Secure Issuance Of Letters Testamentary?

In order to secure issuance of letters testamentary, the executor must take and sign an oath of office in which they swear to faithfully perform all the duties imposed by law upon an executor. This oath will be filed in the probate record. Next, the executor must post a bond or security to guarantee their faithful and legal performance of their duties as executor. The amount of the bond or security must exceed by one fourth the total value of the estate as shown by an inventory or detailed descriptive list which names every asset of the estate in succession. However, if the will or testament specifically waives the bond or security, then the court will waive it as well. The court is also given the power to reduce the amount of the bond or security upon proper showing to an amount that it deems sufficient to protect the heirs, legatees, or creditors of the estate. The executor that is confirmed by the court may in some instances furnish a special mortgage on unencumbered immovable property which is land lying within the parish where the estate or succession has been opened; rather than posting a bond or other security, the amount of the special mortgage will be set by the judge.

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