Founding Attorney
Selecting an executor is one of the most important decisions you make when preparing your estate plan. In Louisiana, the executor (sometimes called a succession representative) carries out your wishes, handles paperwork, and manages the estate until everything is distributed correctly. The person you choose should be responsible, trustworthy, and capable of handling financial and legal matters.
This guide covers what an executor does, who can serve in the role, potential pitfalls, and how to set your executor up for success.
What Does an Executor Do in Louisiana?
An executor has many responsibilities under Louisiana succession law. These duties often include:
- Filing the will with the court and opening the succession.
- Locating and safeguarding assets such as bank accounts, real estate, and personal property.
- Paying outstanding debts, taxes, and final expenses.
- Communicating with heirs and keeping them informed of progress.
- Distributing assets in accordance with the will.
- Closing the estate once all tasks are completed.
It’s not a ceremonial title—the executor has real obligations and can be held accountable for mistakes or mismanagement.
Who Is Eligible to Serve as an Executor?
Louisiana law sets out who may, and who may not, serve as an executor. In general:
- The person must be at least 18 years old.
- They must be of sound mind and capable of handling business matters.
- They cannot have been convicted of a felony.
In addition to individuals, a bank or trust company authorized under Louisiana law to act as a fiduciary may also serve as an executor. This can be a good option if your estate is complex or you prefer a neutral party.
While many people name a spouse, adult child, or close relative, you can also appoint a trusted friend or even a professional, such as an attorney or CPA.
Common Pitfalls to Avoid
Choosing the wrong executor can create delays, disputes, and unnecessary costs. Some pitfalls to keep in mind:
- Distance matters: An executor who lives far away may find it difficult to handle court appearances or manage local property.
- Conflicts of interest: An executor who stands to inherit may make choices that benefit themselves over other heirs.
- Lack of organization: This role involves detailed record-keeping. Someone who struggles with deadlines or paperwork may not be a good fit.
- Family tensions: Selecting one child over another can lead to resentment or legal challenges.
Think carefully about how your choice may affect both the administration of your estate and your family’s peace of mind.
Tips for Setting Your Executor Up for Success
Even the most capable executor will benefit from guidance. Here are steps you can take to help:
- Talk to them first. Make sure they are willing and understand what the role involves.
- Keep records in order. Store bank account information, property deeds, and insurance policies in one secure place.
- Consider naming an alternate. Circumstances change, and your first choice may not be available when needed.
- Update your estate plan. Review your will every few years to confirm your executor is still the right choice.
Good communication and organization make the process smoother for everyone involved.
How Kallio Law Firm Can Help
At Kallio Law Firm, LLC, we help Louisiana families make thoughtful estate planning choices, including selecting the right executor. We understand that this is a personal decision with legal and financial consequences. We can walk you through the requirements, discuss options, and draft clear documents that reduce the risk of future disputes.
If you’re preparing your will or updating your estate plan, let us guide you in choosing the executor who will best carry out your wishes. Contact Kallio Law Firm, LLC today to schedule a consultation and start planning for your future with confidence.
Frequently Asked Questions
Can an executor in Louisiana also be a beneficiary?
Yes. Many executors are also heirs, such as a spouse or adult child. However, it is important that they act fairly and put the estate’s interests first.
What happens if the chosen executor cannot serve?
If your executor is unable or unwilling to serve, the court may appoint an alternate named in your will or, if none is named, another qualified person.
Do executors get paid in Louisiana?
Executors are entitled to reasonable compensation for their work. The amount may be stated in the will or approved by the court.
Can I name more than one executor?
Yes. Louisiana law allows co-executors, but keep in mind that this can sometimes create delays if they disagree or must act jointly, and is not a practice recommended by our attorney.
