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The Probate Bond Experts
Louisiana is the one state that does not use common-law probate. It follows a civil-law succession system, and what other states call probate is called a succession here. Successions are handled by the District Court in each of the state's 64 parishes, which are the Louisiana equivalent of counties. In Orleans Parish, successions are heard in the Civil District Court.
The estate fiduciary is called the succession representative. A representative named in a testament is a testamentary executor, and a representative the court appoints when there is no testament is an administrator. What other states call a bond, Louisiana calls security, and the rules are set by the Louisiana Code of Civil Procedure, mainly Articles 3151 and 3153.
Louisiana imposes no state estate tax and no inheritance tax, so most successions face only the federal estate tax, which reaches only very large estates.
The amount of security a Louisiana succession representative must furnish is set by the Louisiana Code of Civil Procedure:
Whether a Louisiana succession representative must furnish security depends on the type of representative. Under Articles 3151 through 3155:
Furnishing security in a Louisiana succession follows the Code of Civil Procedure and District Court practice:
When security is required in a Louisiana succession, the cost is a premium paid to the surety company. The premium is a small percentage of the bond amount and depends on the size of the bond and the applicant's credit.
Beyond the standard administrator and executor security, Louisiana succession practice uses several additional bond types:
Louisiana does not run a licensing board for private professional fiduciaries, but its civil-law system places clear duties on every succession representative:
You can check pricing or apply online once you know the bond type ordered by the court. Applications must match the bond type and amount specified in your court order or legal documents.
APPLY NOWIt depends on the type of representative. Louisiana calls probate a succession and a bond security. An administrator of an intestate succession must furnish security at 125 percent of the value under Article 3151. A testamentary executor is generally relieved when the testament dispenses with security.
A succession representative is the fiduciary who administers a Louisiana succession, the civil-law equivalent of a personal representative. A representative named in a testament is a testamentary executor, and one the court appoints when there is no testament is an administrator.
A testamentary executor is generally relieved of furnishing security when the testator dispenses with it in the testament. Even then, under Articles 3154 and 3155, a forced heir, the surviving spouse in community, or a creditor may compel the executor to furnish security.
When security is required, most Louisiana succession bonds cost about 0.5% to 1% of the bond amount per year for well-qualified applicants, so a $100,000 bond commonly runs $500 to $1,000 per year. Small bonds carry a minimum premium of about $100 to $150.
Under Article 3151, an administrator must furnish security exceeding by one-fourth the total value of all property of the succession shown by the inventory or descriptive list, which is 125 percent of the value. The court may reduce it on a showing it exceeds what is needed.
Most Louisiana succession bonds are issued within 24 hours of a completed application, and qualified applicants can often be approved the same day. Larger successions may need a short underwriting review, but we keep the process moving so you can qualify on time.
Yes. Credit is one factor but not the only one. We work with multiple surety companies and can often find an approved program for applicants with credit challenges, sometimes with a co-signer or collateral.
The District Court in the parish where the deceased was domiciled or owned property handles successions. Louisiana uses parishes rather than counties, and in Orleans Parish successions are heard in the Civil District Court.
Both, under the umbrella term succession representative. A representative named in a testament is a testamentary executor, and one the court appoints when there is no testament is an administrator. Together they are the succession representative.
Louisiana follows a civil-law system with its own terminology. What common-law states call a probate bond, Louisiana calls the security that a succession representative furnishes, though in practice it is the same kind of surety bond from a bonding company.
The security protects the heirs, legatees, the surviving spouse in community, and creditors of the succession from loss caused by a representative who fails to administer the succession faithfully, up to the amount of the security.
The security stays in force until the succession is closed and the representative is discharged. For successions that stay open across more than one year, the premium is charged annually until that discharge.
Yes. Under Article 3154, a forced heir or the surviving spouse in community may compel even a testamentary executor who was relieved of security to furnish it, to protect their interests in the succession.
No. Louisiana imposes no state estate tax and no inheritance tax, so most successions face only the federal estate tax, which reaches only very large estates.
No. The security is a surety bond, not insurance for the representative. It protects the heirs, legatees, and creditors. If the surety pays a claim, the succession representative is legally obligated to repay the surety.
Often no. A small succession, generally a succession worth less than $125,000, and certain successions without creditors, may be handled by affidavit without appointing a bonded succession representative.
In an independent administration, the representative, named in the testament or agreed to by all heirs and legatees, may sell and distribute succession property without prior court approval. The representative still owes full fiduciary duties and may still furnish security.
You file the security with the District Court in the parish where the deceased was domiciled or owned property. In Orleans Parish, you file with the Civil District Court.
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Once you have your bond, or if you need court addresses, phone numbers, filing hours, and local forms, visit our Louisiana probate court directory. We list every county court in Louisiana with contact information and links to local forms.
Louisiana Probate Court Directory