An executor of estate is the person named in a Louisiana will to administer the deceased’s succession. The executor handles the practical work of identifying assets, paying debts, dealing with beneficiaries, and ultimately distributing the estate according to the will. In Louisiana terminology, the executor is also called a succession representative, and when there’s no will (or no executor named), the equivalent role is called an administrator.
Are you serving as a Louisiana executor or administrator? Scott Law Group represents executors and administrators throughout Louisiana — helping you handle the role properly and avoid personal liability.
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The executor’s 12 core duties in Louisiana
A Louisiana executor’s job has roughly 12 distinct phases. Some are quick; some take months. The full process from appointment to closing the succession typically runs 3–12 months for straightforward cases, longer for complex or contested estates.
- Locate and secure the will. Find the original signed will. If you can’t find it, the case becomes an intestate succession.
- Petition the court to open the succession. File the petition along with the will, the death certificate, and the executor’s acceptance of the role.
- Get appointed and receive letters testamentary. The court issues “letters testamentary” (or “letters of administration” for an administrator), which are the official credential proving you have authority to act.
- Identify and inventory all assets. Bank accounts, real estate, vehicles, brokerage accounts, retirement, personal property of value. Take possession or otherwise secure each.
- Identify and notify all heirs and legatees. Determine who is entitled to what under the will (or under intestate succession if no will). Provide formal notice as required.
- Identify and notify creditors. Publish required notices. Review submitted claims and pay legitimate ones from estate assets.
- Pay debts, taxes, and administration expenses. Outstanding loans, credit cards, medical bills, funeral expenses, attorney fees, the decedent’s final income tax return, fiduciary income tax returns for the estate if it generates income.
- Manage estate assets during administration. Maintain real estate, manage investments, collect rents, pay ongoing expenses. The executor has fiduciary duty to preserve estate value.
- Resolve any disputes. Will contests, heir disputes, creditor claims, claims against the estate. Hire counsel for litigated matters.
- Prepare and file the final accounting. Detailed report to the court showing all receipts, disbursements, and the remaining estate value.
- Distribute the estate. Transfer assets to heirs and legatees per the will and the court’s Judgment of Possession.
- Close the succession. File the judgment, get discharged, and the role ends.
How much does a Louisiana executor get paid?
Louisiana law allows the executor to receive a 2.5% commission on the gross value of the estate they administer (La. C.C.P. art. 3351). This is the default rate when the will doesn’t specify otherwise.
- On a $500,000 estate: $12,500 executor commission
- On a $1,000,000 estate: $25,000 executor commission
- On a $2,000,000 estate: $50,000 executor commission
The will can modify this default rate. Some wills set a specific fee or a different percentage. Some specify no compensation (common for family member executors). When the will modifies the rate, the will controls.
The commission is paid from the estate before final distribution to heirs. It’s reported as ordinary income on the executor’s personal tax return (or as “income in respect of a decedent” depending on circumstances).
Can a family member executor waive compensation?
Yes — many family member executors decline to take the statutory commission, particularly when they’re also a primary heir. Declining the commission keeps more in the estate for distribution.
What an executor CAN do
- Act on behalf of the estate within the will’s and statute’s authority
- Open estate bank accounts
- Hire attorneys, accountants, appraisers, and other professionals
- Manage estate assets (collect rent, maintain property, etc.)
- Sell estate assets (often requires court approval or all heirs’ consent)
- Settle creditor claims
- File tax returns for the estate
- Distribute assets after the Judgment of Possession
What an executor CANNOT do
An executor’s authority has clear limits. An executor cannot:
- Take estate property for themselves (beyond their statutory commission and any inheritance specifically left to them in the will)
- Ignore the will or distribute property contrary to its terms
- Hide assets from heirs or the court
- Sell estate property without proper authority (will authorization, all heirs’ consent, or court approval — depends on the type of administration)
- Make decisions that benefit themselves at the expense of the estate (self-dealing is a breach of fiduciary duty)
- Ignore valid creditor claims
- Withhold required information from heirs
- Continue to act after being discharged by the court
An executor who violates these limits can be sued personally for breach of fiduciary duty — meaning their own assets (not just estate assets) can be reached.
Can an executor of a will sell property without all beneficiaries agreeing?
It depends on the type of administration:
Independent administration
If the will authorizes independent administration (or all heirs consent to it after death), the executor (called the “independent administrator”) has broad authority to sell estate property without court approval or unanimous heir consent. The executor has fiduciary duty to get a fair price, but doesn’t need everyone’s sign-off.
This is the most common form of Louisiana administration for non-disputed estates.
Ordinary administration
Without independent authorization, the executor needs either court approval or all heirs’ consent to sell estate property. Court approval requires a motion, a hearing, and a court order — takes time and adds cost. Unanimous heir consent is easier but requires every heir to agree.
Practical implications
Most Louisiana wills now authorize independent administration explicitly to avoid these procedural delays. If the will doesn’t mention independent administration, the heirs can usually consent to it at the start of the succession.
See our complete guide on independent administration of a Louisiana estate.
Can the executor take everything?
No — not legally. An executor has fiduciary duty to administer the estate for the benefit of the heirs and legatees as named in the will. Taking property for themselves beyond their statutory commission and any specific bequest to them is breach of fiduciary duty — and a crime if done dishonestly.
However, the practical question often comes up because heirs feel an executor is acting against their interests:
- Delaying distribution
- Refusing to share information
- Making decisions heirs disagree with
- Taking unreasonably long
These may or may not be breaches of fiduciary duty. The remedy is the same: heirs with concerns can demand an accounting, file a motion to compel action, or in severe cases petition to remove the executor. See our article on estate litigation to remove an executor.
Statute of limitations to sue an executor in Louisiana
Heirs generally have 2 years from the close of the succession to file claims against the executor for actions taken during the administration (La. C.C.P. art. 3396.20). Specific claims may have shorter or longer limitations periods depending on the nature of the claim.
If you discover an issue years after the succession closed, you may still have recourse for fraud or concealment — the limitations clock may not start until the fraud was discovered or should have been. Consult an attorney with the specific facts.
Resigning as an executor or administrator
An executor or administrator can resign by filing a petition with the court. The court reviews the request and, if approved, appoints a successor. Resignation is allowed for any reason and doesn’t require explanation, but you remain liable for actions taken during your tenure.
See our article on declining to serve as executor in Louisiana for the process before accepting the role.
Out-of-state executors
Louisiana law permits non-resident executors. The named executor doesn’t need to live in Louisiana, but practical issues come up:
- The executor needs to coordinate with Louisiana courts, banks, the OMV, and parish clerks — often easier with local presence or counsel
- The executor may need to file additional paperwork as a nonresident
- The executor still owes fiduciary duty under Louisiana law
See our guide on executors who live outside Louisiana.
Frequently asked questions
What does an executor of estate do in Louisiana?
The executor administers the succession: locates and secures the will, opens the succession in court, identifies and inventories assets, notifies heirs and creditors, pays debts and taxes, manages estate property during administration, and ultimately distributes assets according to the will and the court’s Judgment of Possession.
How much does a Louisiana executor get paid?
The default statutory commission is 2.5% of the gross value of the estate. On a $500,000 estate, that’s $12,500. The will can specify a different rate, and family member executors often waive the commission.
Can the executor of a will take everything in Louisiana?
No. The executor has fiduciary duty to administer the estate for the heirs and legatees. Taking estate property beyond the statutory commission and any specific bequest is breach of fiduciary duty and may be criminal.
Can an executor sell property without all beneficiaries agreeing?
If the will authorizes independent administration (or all heirs consent to it), yes — the executor has broad authority to sell estate property without heir sign-off, subject to fiduciary duty. Without independent administration, court approval or unanimous heir consent is required.
What is an independent administrator in Louisiana?
An independent administrator is an executor or administrator who has broad authority to manage and dispose of estate property without court approval for each action. Independent administration is authorized either by the will or by all heirs consenting. It’s the most common form of Louisiana succession administration.
What is the statute of limitations to sue an executor in Louisiana?
Generally 2 years from the close of the succession (La. C.C.P. art. 3396.20). Specific claims may have different periods. Fraud-based claims may extend the period from the time fraud was discovered.
Does the executor have to give beneficiaries an accounting?
Yes. The executor must prepare a final accounting showing all receipts, disbursements, and the remaining estate value. Heirs and legatees can review and object before the court approves it.
Can an attorney be the executor of a will in Louisiana?
Yes. An attorney (including the attorney who drafted the will) can serve as executor. Some clients prefer professional executors for complex estates or when family relationships are strained. The 2.5% commission applies the same way.
Can I hire someone to be the executor of my will?
Yes. You can name anyone you trust as executor, including professionals (attorneys, banks with trust departments, accountants). Compensation is the 2.5% statutory rate unless the will specifies otherwise.
Does an executor have to live in Louisiana?
No. Non-resident executors are permitted, though practical issues come up around coordinating with Louisiana courts and institutions.
How long does an executor have to settle an estate in Louisiana?
There’s no strict deadline, but reasonable diligence is required. Most successions close within 6–12 months. Complex or contested estates can take longer. Excessive delay can be grounds for removal.
What happens if there’s no executor named in the will?
The court appoints an administrator, typically a family member or another person with standing. The administrator has the same duties as an executor but is operating without the will’s specific direction (where the will is silent).
Serving as a Louisiana executor or administrator carries real responsibility — and real personal liability if done incorrectly. Contact Scott Law Group — Estate Counsel or call (504) 264-1057 if you’ve been named executor and want guidance on doing the job right.
This article provides general information about Louisiana executor and administrator law and is not legal advice. Specific situations should be reviewed with a qualified Louisiana attorney.