What Are the Legal Steps to Take When a Loved One Passes Away?

A loved one’s passing can be a terrible shock. In addition to the natural emotional responses occasioned by the loss, there are also legal steps that one must take. Additionally, there are administrative duties that fall to those left behind relating to the management of their affairs. At WJ Blanchard Law, LLC, in Metairie, LA, we make sure that our clients receive the benefits of an experienced probate lawyer.

What Are the Legal Steps to Take When a Loved One Passes Away?

In Louisiana, the procedures you need to follow after a death are governed by the state’s civil law traditions, some of which date back to the Napoleonic law code. These can differ significantly from the common law followed in other states.

Obtain a Legal Pronouncement of Death

The first legal step to take is to get a legal pronouncement of death. If your loved one died in a hospital or under hospice care, this will usually be handled by the medical staff. If the death occurred at home or elsewhere and was unexpected, you will need to contact emergency services or a coroner.

In Louisiana, the parish coroner may be involved in issuing the death certificate, particularly in cases where someone has died on their own or in cases of suspicious deaths. Once the death is confirmed, you can obtain multiple certified copies of the death certificate, which you will need for future legal and financial transactions.

Make Funeral and Burial Arrangements

Once death is legally confirmed, you can start to make funeral and burial arrangements. Louisiana law recognizes written and notarized declarations made by the decedent regarding their funeral preferences, including whether they would like to be buried or cremated. If no such declaration exists, the decision is usually left with the next of kin.

1. Agent designated in writing
2. Spouse
3. Adult children
4. Parents
5. Siblings

You will need to check whether your loved one had a preneed funeral contract, which is a prepaid arrangement with a funeral home. If so, that provider must be used unless the contract allows otherwise.

Locate the Will and Estate Documents

If your loved one created a Last Will and Testament, you will need to find that. In Louisiana, a will can be holographic (handwritten) or notarial (executed before a notary and two witnesses).

If you do not know where the will is, you should search common places, such as a home safe or lockbox, and among your loved one’s papers. You may also look in any safety deposit boxes, though you will need authorization to do so. You should also check if your relative had an attorney while alive and see if the will is in their possession.

Once found, the will must be filed with the appropriate district court in the parish where the deceased lived. The court will then go on to validate the will through a process commonly called probate, but which is known in Louisiana as “succession.” If there is no will, the estate will be administered through intestate succession under Louisiana Civil Code Articles 880–901, which outlines how property is to be distributed among surviving heirs based on familial relationships.

Open a Succession (Probate) Case

In Louisiana, the legal process of settling a deceased person’s estate is called succession. A succession can be testate (with a valid will) or intestate (without a will). Opening a succession is necessary for transferring ownership of property, paying off debts and taxes, and distributing assets to any heirs or legatees.

To open a succession, an interested party (usually the executor or a family member) must file a Petition for Probate or Petition for Administration in the district court of the parish where the deceased last resided. Required documents may include the original will, death certificate, a list of heirs or legatees, and an inventory of assets and liabilities.

Notify Heirs, Legatees, and Creditors

Once the court appoints a succession representative, that person is legally responsible for notifying heirs, legatees (beneficiaries named in the will), and known creditors of the estate. Louisiana law mandates a notice to creditors to allow them to file claims against the estate. The representative must also publish a notice of succession proceedings in a local newspaper.

Inventory the Estate’s Assets and Debts

An important task is to compile a complete inventory of the decedent’s assets, including real estate, bank accounts, retirement accounts, vehicles, personal property, and business interests. Debts and obligations such as mortgages, credit card debt, medical bills, and taxes must also be tallied. In Louisiana, this inventory can be conducted judicially or nonjudicially, depending on whether the court requires oversight or whether the parties agree.

Pay Debts and Taxes

The estate must settle any outstanding debts and taxes before distribution. Although Louisiana no longer imposes a state-level inheritance or estate tax, larger estates may still trigger federal estate tax obligations. The executor or administrator must also ensure that creditor claims are valid before paying them. If the estate lacks sufficient funds, creditors may be paid according to a priority system outlined in Louisiana law.

Distribute the Assets

Once debts, expenses, and taxes are paid, the remaining assets can be distributed according to the will, or, if no will exists, based on Louisiana’s intestate succession rules. After distribution, the succession representative must file a final accounting with the court, after which the judge will issue a judgment of possession, officially transferring ownership of assets to the heirs or legatees.

Important Features of Louisiana Succession Law

Community Property vs. Separate Property

Louisiana is a community property state, meaning assets acquired during marriage are jointly owned by spouses. These must be distinguished from separate property, which is inherited or acquired before marriage.

Usufruct

Usufruct is a unique legal concept derived from civil law that allows one person (called the “usufructuary”) to use, enjoy, and derive benefits from property owned by another (called the “naked owner”) without altering its substance. This means that a surviving spouse may be granted a usufruct over community property, particularly over the deceased spouse’s share, allowing them to live in the family home, collect income, or use other assets during their lifetime or until remarriage. However, they cannot sell or dispose of the property without the consent of the naked owners, typically the children.

Upon the usufruct’s termination—by death, remarriage (if so stipulated), or time limit—the full ownership reverts to the naked owners, who then gain complete control over the property.

Consult a Probate Lawyer in Metairie, LA

Given Louisiana’s unique laws, especially regarding usufruct rights, community property, forced heirship, and civil law succession, it’s a good idea to consult a Louisiana-licensed succession attorney. This is especially important if there are multiple heirs or legal disputes, or if the estate includes significant or complex assets.

Related Resources

• What Happens If an Executor Fails to Fulfill Their Duties?
• What Legal Documents Should Be in Place for End-of-Life Planning?