|
|
Last
Modified on
Aug 02, 2026
Signing a will is an important step, but your estate plan also needs to work when your family must use it. Making sure your executor has the right information can reduce delays, prevent confusion, and make a difficult responsibility more manageable.
In Louisiana, naming someone as executor does not immediately give that person authority over your property after your death. The testament must be presented to the court, and the executor must be confirmed and issued letters testamentary under Louisiana Code of Civil Procedure article 3082.
Once confirmed, the executor may be responsible for locating and protecting property, addressing debts, working with attorneys and accountants, and completing the succession. Here are four things your executor should know before that process begins.
1. Where to Find Your Original Will and Other Documents
Your executor should know where the original signed will is stored and how it can be obtained after your death. A photocopy or digital scan may be helpful for reference, but it is not a substitute for having access to the original document.
A fireproof home safe, secure filing cabinet, attorney’s office, or other protected location may be appropriate. If the document is kept somewhere that requires a key, combination, or special authorization, make sure a trusted person knows how to obtain access when necessary.
Your executor should also know where to find other important documents, including:
- Trust documents
- Marriage contracts or matrimonial agreements
- Prior divorce judgments
- Property deeds
- Business agreements
- Life insurance information
- Beneficiary designations
- Funeral or burial instructions
- A list of professional advisers
Louisiana also maintains an optional will-information registry. Under La. R.S. 9:2446, a testator or authorized attorney may register information about where the will is being kept. The registry does not store the will itself. It records information that can help someone locate the document after the testator’s death.
2. What You Own, What You Owe, and Who Can Help
An executor cannot properly administer property that no one knows exists. You do not need to give your executor continuous access to your accounts, but you should maintain an organized list showing the general structure of your finances.
That list may include:
- Bank and investment accounts
- Retirement accounts
- Real estate
- Vehicles, boats, and titled property
- Life insurance policies
- Business or LLC interests
- Mineral interests
- Valuable personal property
- Mortgages, loans, and other significant debts
- Recurring expenses and automatic payments
- Digital accounts and electronically stored property
The list should identify the institution or company associated with each asset. Account numbers and passwords should be stored securely rather than placed directly in your will, which may eventually become part of a public court record.
Your executor should also know how to contact your estate-planning attorney, accountant, financial adviser, insurance agent, business partners, and other professionals familiar with your affairs. Those contacts can help the executor identify assets, obtain records, value property, and address tax or business issues.
This preparation matters because a Louisiana succession representative is a fiduciary. Code of Civil Procedure article 3191 requires the representative to collect, preserve, and manage succession property as a prudent administrator. Organized information makes it easier for the executor to satisfy those responsibilities.
3. Your Funeral and Burial Preferences
If you have preferences concerning burial, cremation, religious services, a funeral home, or a cemetery, communicate them before they are needed. Funeral decisions are often made before the family has met with a succession attorney or located the original will.
The executor does not automatically have the legal right to control the disposition of your remains simply because the person was named as executor. La. R.S. 8:655 establishes who has that authority. The statute allows a person to designate someone to control disposition through a notarial testament or a separate written and notarized declaration. Without that designation, the law provides an order of priority beginning with the surviving spouse under qualifying circumstances and then certain family members.
If you make a formal designation, tell the designated person and provide instructions for locating the document. Your executor and close family members should also understand your wishes, even if someone else has the legal authority to make the arrangements.
You may also want to identify any prepaid funeral arrangements, burial policies, cemetery property, military benefits, or funds intended to cover final expenses.
4. When Your Will or Estate Plan Changes
Your executor does not necessarily need to know the details of every gift in your will. However, the executor should know when you have replaced an older will or made significant changes to your estate plan.
Old copies left in filing cabinets, desks, or safe-deposit boxes can create confusion about which document reflects your final wishes. When a new will is executed, follow your attorney’s instructions for handling prior originals and copies.
Your executor should also know about circumstances that may affect the succession, including:
- Minor or disabled beneficiaries
- Trusts created for family members
- Children or other relatives from prior relationships
- Estranged family members
- Property located outside Louisiana
- Business ownership
- Significant lifetime donations
- Pets that will require care
- Potential family disagreements
You do not need to disclose private information unnecessarily. The goal is to make sure your executor is not blindsided by an issue that could delay the succession or lead to conflict.
Your plan should also be reviewed when major events occur, such as marriage, divorce, the birth of a child, the death or incapacity of a beneficiary or executor, the purchase or sale of a business, or a significant change in your property. Periodic review can help you avoid common estate-planning mistakes and confirm that the person you selected still has the necessary qualities to serve as executor.
Field Law Can Help You Prepare Your Executor
A well-drafted will is only part of an effective estate plan. Your executor also needs to know where to find the documents and information required to carry out your wishes.
Field Law helps Louisiana families create and update wills, trusts, mandates, and related estate-planning documents. We can also help you organize the legal side of your plan so your executor has a clearer path forward when the time comes. Contact Field Law to schedule an estate-planning consultation.
