On a cool January morning in New Orleans, Claire was stringing Mardi Gras beads on her fence posts, getting into the spirit early. Fat Tuesday was early this year and she was excited. She looked forward to a slice of king cake for breakfast. Life felt busy and bright.
Then her phone rang.
Her uncle had passed away. A few days later, Claire learned something else: he had named her as the executor of his will.
She felt honored! But she also felt scared.
If you have been named an executor, you may feel the same way. It sounds like a big title. The good news is that you do not have to figure it out alone. Here is what happens next.
Being an executor means you are the person in charge of carrying out what the will says. Your job is to gather the person’s property, pay debts, and make sure what is left goes to the right people.
Claire’s first step was simple. She found her uncle’s original will and kept it in a safe place. If you do not know where the will is, check a safe, a file cabinet, or with the person’s attorney.
Next, you will likely need to open a succession (known as probate in all other states) in court. In Louisiana, most successions are handled in the district court in the parish where the person lived. This process gives you the legal power to act on behalf of the estate. You cannot sell property or close accounts until the court gives you that authority.
Claire met with a local estate planning attorney to guide her. That meeting helped her understand the timeline, the court papers, and her duties. As executor you will be required to handle an attorney as you cannot represent yourself in a succession. Make sure you hire an attorney well-versed in estate law as the rules can be complex.
After the court appoints you, the real work begins. You will need to make a list of everything the person owned. This may include a home, cars, bank accounts, retirement accounts, and personal items. It is important to be thorough. Claire found an old savings account her uncle had not used in years. It still had money in it.
You also need to list debts. These may include credit cards, medical bills, taxes, or a mortgage. In Louisiana, there are rules about how and when creditors must be paid. Paying debts in the wrong order may cause problems.
Another key step is opening an estate bank account. This is where you deposit money that belongs to the estate. You should never mix estate money with your own. Claire kept careful records of every deposit and payment. Good records protect you and help avoid family disputes.
Communication is also important. Beneficiaries, other people who may be inheriting something from Claire’s uncle, may feel anxious or confused. They are grieving too. Claire sent simple updates to her cousins so they knew what was happening. Clear and kind communication can prevent hurt feelings later.
If there is a house to sell, you may need to get it appraised. If there are valuables, you may need help from a professional. If there are taxes owed, an accountant may be helpful. Another key duty is handling taxes. The executor must file final federal and state income tax returns for the decedent. In some cases, tax returns for the estate are also required. You do not have to be an expert in everything. You just need to know when to ask for help.
At the end of the process, once debts are paid and the court approves, you will distribute what is left according to the will. This is often the moment families have been waiting for. It can also bring a sense of closure.
By the time Mardi Gras rolled through town, Claire felt better. She still missed her uncle but she was proud. She had stepped up when her family needed her most. The beads still sparkled. The bands still played. Life moved forward.
If you have been named an executor in Louisiana, remember this; it is a serious job, but it is also a gift of trust. Take it one step at a time. Get good advice. Keep clear records. Lead with honesty and care. With the right support, you can carry out your loved one’s wishes and bring peace to your family during a hard time.
The information provided is not intended to be legal or tax advice and does not constitute any attorney/client relationship. You should consult with an attorney for individual advice regarding your own situation.
Ms. Melancon is an attorney with Legacy Estate & Elder Law of Louisiana, LLC with offices in Baton Rouge, New Orleans and Lake Charles, LA. The primary focus of her practice is estate planning, probate, special needs planning, and elder law. For more information or to attend an upcoming estate planning seminar, call her office at (225) 744-0027.
