FREQUENTLY ASKED QUESTIONS

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What is a Public Administrator?

Louisiana law provides that in every parish with over 50,000 population a public administrator shall be appointed by the Governor to administer the estates of persons who die in such parish without a will and with no “next of kin”, specifically, with no surviving spouse or heir present or represented in the State of Louisiana. L.R.S. 9:1581

What does “administration” of an estate consist of?

Administration requires the gathering of a decedent’s assets (bank funds, real estate and other property) arranging and paying for burial, paying the decedent’s debts from the assets of the estate and searching for an heir. The primary function of the Public Administrator is to administer a decedent’s property in the interest of unknown heirs or, if there are no heirs, the State of Louisiana.  If a person dies without any property, there is nothing for the Public Administrator to administer.

How is the Public Administrator compensated?

The Public Administrator is paid out of the assets of the decedent’s estate. The Public Administrator does not receive any government compensation. The Public Administrator’s fee is set by statute at 10% on all funds administered by them. La R. S. 9:1589.  The fee for the attorney for the Public Administrator is set by law at 10% of the gross value of the estate. (Act 507, 1958)

Can the Public Administrator pay for a burial?

The Public Administrator can pay for a burial only to the extent that a decedent has assets. The Public Administrator will endeavor to give the decedent a burial appropriate to the assets left and in accordance with any wishes that can be expressed by the decedent’s friends or neighbors. If the decedent had no assets, the coroner will bury the decedent in a burial place provided by the government. L.R.S. 9:1589

Can a neighbor or friend of the deceased person claim a deceased person’s remains?

State law provides that “upon oral or written refusal by next of kin” to bury a decedent, the coroner is authorized to immediately release the remains of the decedent “to any interested party who will claim the remains and provide interment for the remains.” L.R.S. 8:655, 9:1551

Note that the next of kin must refuse to bury a person before friends and neighbors can step in and provide for a burial.

Can a neighbor or friend of the deceased person also administer his/her estate?

The Louisiana Code of Civil Procedure does not recognize friends or neighbors as having any priority of appointment as an administrator of a deceased person’s estate.

How does the Public Administrator’s function differ from the Unclaimed Property program run by the State Treasurer?

The State Treasurer’s Unclaimed Property program holds unclaimed property without regard to whether the property owner is alive or dead. Obviously, living owners can claim their property from the program if they wish.   https://louisiana.findyourunclaimedproperty.com/

Claims for the unclaimed property of decedents must be asserted by the decedent’s administrator, executor or duly recognized heirs.