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Being asked to serve as executor of a Louisiana estate reflects considerable trust. However, the role can require much more than signing a few documents. An executor may need to protect property, locate assets, address debts, maintain detailed records, communicate with family members and work through a court proceeding.
Therefore, before you agree to serve, learn what the role may involve and ask enough questions to determine whether you can handle it.
For additional preparation ideas, review this general executor’s checklist from Investopedia. However, its guidance is national in scope. Louisiana’s succession laws, terminology and court procedures differ from those of other states, so any planning decisions should also receive a Louisiana-specific review.
Understand the Louisiana Terminology
Louisiana law uses the broader term “succession representative.” An executor is the succession representative named in a will. If the deceased did not name an executor—or died without a will—the court may appoint an administrator instead.
The Louisiana Code of Civil Procedure defines succession representative to include executors, administrators, independent executors, independent administrators and provisional administrators.
Although families commonly use “executor” as a general term, the distinction matters. Your authority will depend on the will, the court’s orders and the type of administration the court authorizes.
Ask Where the Original Will Is Kept
First, find out where the original signed will is stored. A digital scan or photocopy can help identify the document, but the original will usually must be produced in the succession proceeding.
The original should remain in a secure location that the family or estate-planning attorney can access after death. If it is stored in a safe or bank box, the testator should leave clear information about the location and the process for obtaining access.
You should also know which attorney prepared the estate plan. That attorney may have copies, related planning documents or helpful information about the testator’s intentions.
Learn What Property and Obligations Exist
You do not need to know the value of every asset before agreeing to serve. Still, you should understand the general composition of the estate.
Ask whether the estate includes:
- A home, rental property or other real estate
- Bank and investment accounts
- Retirement accounts or life insurance
- A business or ownership interest in an LLC
- Vehicles, boats or valuable personal property
- Property located outside Louisiana
- Significant debts, loans or tax obligations
- Trusts or assets with designated beneficiaries
Also ask whether someone maintains an updated list of assets, account numbers, insurance policies and professional advisers. This information can save substantial time later.
Not every asset will necessarily become part of the Louisiana succession. For example, an account with a valid beneficiary designation may pass outside the succession. Therefore, the executor and succession attorney must review how each asset is titled instead of relying on the family’s assumptions.
Plan for Digital Assets Without Sharing Passwords Casually
The original version of this article recommended giving an executor login credentials before death. That approach can create security, privacy and authorization problems.
Instead, the estate plan should identify important digital accounts and establish a lawful method for handling them. The testator may use a password manager with an emergency-access feature, designate a legacy contact where a platform permits it or leave instructions explaining where authorized access information can be found.
The executor should not log in as the account owner or begin managing accounts before receiving legal authority. Louisiana law provides a process for a duly appointed succession representative to seek access to digital accounts after receiving letters from the court. That authority appears in Louisiana Code of Civil Procedure article 3191.
Discuss Personal Property and Likely Sources of Conflict
Family disputes often begin with items that have more sentimental value than financial value. Jewelry, furniture, firearms, photographs, artwork and family keepsakes can cause disagreements when the will does not provide clear instructions.
The will should contain a residuary clause that directs where property not otherwise specifically addressed will go. However, a general clause may not prevent arguments over individual items.
If the testator has strong preferences, encourage them to discuss those preferences with their estate-planning attorney. Casual statements, handwritten notes in the margins of a will or verbal promises may not create an enforceable legacy.
You should also ask whether there are strained family relationships, expected will challenges or people who may resist the succession process. An executor does not need every detail of a family disagreement, but known conflicts may affect the amount of time and work the role requires.
Remember That Being Named Does Not Immediately Give You Authority
Being named in a will does not, by itself, authorize you to sell property, withdraw money or distribute an inheritance.
After the testator’s death, the will must be filed and the person named as executor must ask the court for confirmation. Louisiana Code of Civil Procedure article 3081 addresses that process. Once the executor qualifies, the clerk issues letters testamentary as evidence of the appointment under article 3159.
Until then, avoid taking actions that require authority over succession property. You can help protect an unsecured home, gather records and notify the appropriate professionals. However, do not distribute property, use the deceased person’s funds or represent yourself as the court-appointed executor prematurely.
Also, not every succession requires an administration. In some uncontested cases, the heirs or legatees may be placed into possession without appointing a succession representative. A Louisiana succession attorney can determine whether administration is necessary.
Prepare to Act as a Fiduciary
Once appointed, a succession representative becomes a fiduciary. That means the representative must act for the benefit of the succession—not for personal advantage or for the benefit of one favored heir.
Article 3191 requires the representative to collect, preserve and manage succession property as a prudent administrator. The representative can face personal liability for losses caused by a failure to perform those duties properly.
In practice, you should prepare to:
- Protect and insure succession property
- Identify assets and liabilities
- Preserve financial records
- Keep succession funds separate from personal funds
- Document receipts, payments and distributions
- Communicate accurately with heirs and legatees
- Obtain required appraisals or valuations
- Follow the will, Louisiana law and court orders
- Work toward closing the succession without unnecessary delay
Louisiana law specifically requires a representative to place collected money into an account held in the representative’s official capacity. Article 3222 also provides serious consequences for mishandling succession funds.
For a closer look at the limits on the role, read What Can’t a Succession Representative Do?
Find Out Whether Independent Administration Is Available
A court may authorize independent administration when the will provides for it or when the legal requirements are otherwise satisfied. An independent administrator can take many actions without first requesting separate court approval.
However, “independent” does not mean unsupervised or unrestricted. The representative remains a fiduciary and must comply with the will, Louisiana law and applicable court orders. Louisiana Code of Civil Procedure article 3396.15describes the authority granted during independent administration.
Discussing independent administration while the estate plan is being prepared may make the eventual succession more efficient.
Be Ready to Keep Good Records
Good recordkeeping protects both the succession and the executor. Keep copies of bank statements, invoices, receipts, correspondence, property valuations and explanations for significant decisions.
Do not make informal cash payments or distribute property simply because everyone appears to agree. Family relationships can change, and memories can differ. Clear documentation helps answer questions and supports any accounting that the court or an interested person may require.
The amount of work will depend on the estate. An uncontested succession with a few assets may move efficiently, while a succession involving real estate, a business, significant debts or family conflict may take longer. Our article about how long a Louisiana inheritance can take explains some of the factors that affect the timeline.
Field Law Can Help
Serving as executor of a Louisiana estate is manageable when you understand the plan, maintain good records and obtain guidance before making important decisions. Field Law helps families prepare estate plans that give their chosen representatives clear direction. We also guide executors and administrators through uncontested and contested Louisiana successions.
If you have been asked to serve or need help administering an estate, contact Field Law to schedule a consultation.
