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(1) The best qualified among the surviving spouse, competent heirs or legatees, or the legal representatives of any incompetent heirs or legatees of the deceased.
As part of the probate process, letters testamentary are issued by your state's probate court. To obtain the document, you need a copy of the will and the death certificate, which are then filed with the probate court along with whatever letters testamentary forms the court requires as part of your application.
If a person dies leaving a valid will, and the will names a person who is to execute the will and administer the estate, this person is called an executor. However, when the person in charge of administering the estate is not named in a will, that person is called an administrator.
Independent administration in Louisiana In an independent administration, the succession representative does not need court permission to pay debts, list property for sale, sell real or personal property of the estate, borrow, exchange, lease, or invest succession property.
Step 6: Closing the Estate These steps may include the executor/administrator filing an accounting of what was done during administration, filing of a motion to pay any final remaining expenses, and filing a motion asking the judge for permission to distribute the remaining assets to the heirs.
In either event, one of the decedent's heirs (anyone who stands to inherit something from them), or one of the decedent's creditors, will petition the court to ?open? the succession. In a testate succession, the petitioner will have to present and ?probate? (or prove the validity of) the will.
This document gives the executor the legal authority to administer the deceased persons estate. In Louisiana, the executor, usually through the services of an attorney, petitions the court in the Parish in which the decedent lived. This requires the filing of a Petition for Probate and Appointment of the Executor.
Louisiana's Probate Code presumes that most people have the capacity to act as an estate executor. An executor must: Be 18 years of age or older. Be of sound mind, not having been adjudicated as mentally deficient by a court.