The Estate Inventory Alternative That Saves Louisiana Families Time and Money
Key Takeaways: A sworn detailed descriptive list under La. C.C.P. art. 3136(A) identifies every estate asset, states its location, and sets its fair market value as of the date of death. It may be filed wherever an inventory would otherwise be required, and art. 3136(B) allows that choice without judicial authority. The list typically covers bank accounts, vehicles, securities, jewelry, mineral royalties, and business interests, while assets with named beneficiaries generally pass outside the succession, though a spouse’s community property claim should still be reflected. Under La. C.C.P. art. 3396.18, which governs independent administrations, the list must be filed before closing and may be sealed on request. Common pitfalls include undervalued immovables, overlooked mineral interests, and missing locations.
A sworn detailed descriptive list is a formal filing that identifies every asset in a decedent’s estate, states where each item is located, and assigns a fair market value as of the date of death. Under La. C.C.P. art. 3136(A), whenever an inventory would be required, the filer may instead submit a detailed descriptive list. It replaces the costlier court-ordered inventory process and is often the most important document filed in the entire succession.
If you are preparing to open a succession and are unsure how to value or characterize property, the attorneys at Damon J Baldone & Associates can walk you through the process. Call 985-868-3427 or contact us now to discuss your family’s situation.
The Legal Foundation Behind the Descriptive List
Louisiana lawmakers created the descriptive list to reduce the burden of settling an estate. Formal inventories were historically required in all administrations. The 1960 Louisiana Code of Civil Procedure changed course, permitting a detailed descriptive list to be substituted for the formal inventory whenever an inventory would otherwise be required.
The monetary savings to families can be considerable. Louisiana Law Review analysis noted that eliminating the appraiser-and-notary inventory procedure removed a meaningful expense from routine successions.
The statute has evolved over time. Article 3136 was amended by Acts 1972, No. 326, §2, and most recently by Acts 2024, No. 371, §1, which removed the former requirement that the list also be filed with the Department of Revenue. Related provisions governing independent administration have been amended by Acts 2001, No. 974, §1; Acts 2010, No. 175, §1; Acts 2017, No. 198, §1; and Acts 2020, No. 19, §2. Confirming the current text before filing is advisable.
What the Law Requires the Document to Contain
Three requirements appear in the statutory text. La. C.C.P. art. 3136(A) provides that the list shall be sworn to and subscribed by the person filing it, shall show the location of all items of succession property, and shall set forth the fair market value of each item at the date of death. Omitting a location or using a post-death valuation date can create problems later. A properly filed list is prima facie proof of the estate’s contents and values under La. C.C.P. art. 3137, but it may be amended or traversed by an interested party.
Assets Commonly Included
The scope is broader than most families expect. A properly prepared list generally enumerates:
- Balances in bank and credit union accounts
- Vehicles, trailers, and boats
- Stocks, bonds, and cash on hand
- Mortgages and promissory notes payable to the decedent
- Jewelry, household goods, and collections
- Livestock, mineral royalties, and interests in a business
In Terrebonne Parish, mineral royalty interests and commercial fishing vessels appear on descriptive lists with regularity, and both require careful valuation.
Assets That Pass Outside the Succession
Not everything the decedent owned belongs on the list. Certain assets are distributed outside the succession and are generally excluded, including life insurance unless payable to the estate, annuities payable to a named beneficiary, IRAs and SEPs, retirement or pension plans payable to a beneficiary, U.S. Savings Bonds with a surviving co-owner or beneficiary, and bank accounts held with a surviving co-depositor where the account terms so provide. Whether a particular account passes outside the succession depends on beneficiary designations, account documentation, and community property or forced heirship principles.
Liabilities and Community Property Claims
Louisiana’s community property regime shapes how assets are characterized. As the Louisiana successions desk manual explains, each spouse generally owns an undivided one-half interest in property acquired during the marriage, subject to exceptions that classify certain property as separate. If a non-participant spouse has a community property claim to the surviving spouse’s IRA or SEP, that claim should be listed even though the retirement account itself may pass outside the succession.
Liabilities may also be reflected. Debts such as last-illness expenses can be included, and in an independent administration art. 3396.18(A) contemplates a list of both assets and liabilities. The estate’s net value affects what is distributed. Careful attention to community versus separate classification is one of the most common areas where Louisiana estate administration goes sideways.
💡 Pro Tip: Gather date-of-death statements for every account before drafting. Values pulled from a later statement rarely match the statutory valuation date and often require an amended filing.
Filing a Sworn Detailed Descriptive List in Louisiana Without Court Permission
No judge has to approve the choice. La. C.C.P. art. 3136(B) states that the privilege of filing a descriptive list may be exercised without judicial authority. The succession representative can simply prepare, swear to, and file the document.
Timing matters at the closing stage. Under La. C.C.P. art. 3396.18(A), before the succession can be closed and a judgment of possession rendered in an independent administration, there shall be filed an inventory or sworn detailed descriptive list of assets and liabilities verified by the independent administrator. The filing is a condition of finishing the case.
Smaller estates sometimes follow a different track. Louisiana provides a streamlined small succession procedure that avoids full administration in qualifying circumstances, and our guide on how to record a small succession affidavit explains that route in detail.
| Feature | Formal Inventory | Sworn Detailed Descriptive List |
|---|---|---|
| Governing articles | La. C.C.P. arts. 3131, 3135 | La. C.C.P. art. 3136 |
| Judicial authority needed | Generally yes | Not required under art. 3136(B) |
| Sworn by filer | Notary-driven process | Yes, sworn and subscribed |
| Typical cost to estate | Higher | Generally lower |
Privacy Protections for the Estate’s Financial Details
Louisiana law offers a privacy remedy. Under La. C.C.P. art. 3396.18(B), the detailed descriptive list shall be sealed upon the request of an independent administrator, heir, or legatee.
Sealing does not cut off access for those closest to the estate. La. C.C.P. art. 3396.18(C) provides that if the list is sealed, a copy shall be provided to the decedent’s universal successors and surviving spouse. The seal restricts public inspection, not internal transparency.
Courts also retain discretion to release limited information. Upon motion of any successor, surviving spouse, or creditor, the court may furnish relevant information contained in the list regarding assets and liabilities of the estate.
💡 Pro Tip: If privacy is a priority, raise the sealing request early rather than after filing. Requesting a seal at the outset is simpler than seeking relief once information is already publicly accessible.
Common Pitfalls in Terrebonne Parish Succession Filings
Most descriptive list problems trace back to recurring issues. Undervaluing immovable property, forgetting mineral interests, misclassifying community property as separate, and omitting the location of movable items are frequent culprits. Each can delay a judgment of possession or complicate a later sale.
Valuation is often the hardest part. Fair market value at the date of death is a factual determination, and reasonable people can disagree. Appraisals, comparable sales, and account statements all help, though no method eliminates every question.
Amendments are possible but inconvenient. When an asset surfaces after filing, a supplemental or amended list may be filed, which adds steps and time. Thorough preparation on the front end is the most reliable safeguard.
Frequently Asked Questions
1. Who signs the sworn detailed descriptive list?
The person who would otherwise have caused an inventory to be taken signs it. La. C.C.P. art. 3136(A) requires that the list be sworn to and subscribed by the person filing it, typically the independent administrator.
2. Does the list have to include debts?
It depends on the proceeding. La. C.C.P. art. 3396.18(A) refers to an inventory or sworn detailed descriptive list of assets and liabilities in an independent administration, and expenses of the decedent’s last illness are among the liabilities that can be listed.
3. Why is date-of-death value used instead of current value?
La. C.C.P. art. 3136(A) requires the fair market value of each item as of the date of death, which fixes a single, verifiable valuation point for the estate.
4. Can a retirement account ever appear on the list?
Sometimes, indirectly. While IRAs, SEPs, and pension plans payable to a named beneficiary generally pass outside the succession, a non-participant spouse’s community property claim against such an account should be reflected on the list.
5. Is a descriptive list required in every Louisiana succession?
Not necessarily. Some qualifying small successions proceed by affidavit instead, and the statutory text of Louisiana descriptive list requirements applies where an inventory would otherwise have been required by law.
Bringing the Succession to a Close With Confidence
The sworn detailed descriptive list is far more than a formality. It sets the valuation baseline, establishes what the estate owns, distinguishes community from separate property, and in an independent administration, satisfies a statutory prerequisite to closing the succession and obtaining a judgment of possession. Done well, it moves a family toward resolution efficiently; done carelessly, it invites delays and title problems.
The team at Damon J Baldone & Associates brings extensive experience in Louisiana estate administration to every matter. Call 985-868-3427 or reach out to our office today to get started.