A Louisiana sworn descriptive list is a sworn document the person handling a succession files in place of a formal court-supervised inventory. Under Louisiana Code of Civil Procedure Article 3136, it catalogs every item of succession property, states where each item is located, and assigns a fair market value as of the date of death. You can file it without first asking the court for permission, and once filed, the court treats everything on it as accurate unless someone formally challenges it.1Justia. Louisiana Code of Civil Procedure Article 3136
What the Document Must Contain
Article 3136 requires three things for every item of property: a description, a location, and a fair market value as of the date of death.1Justia. Louisiana Code of Civil Procedure Article 3136 Descriptions need to be specific enough that a judge or heir can identify the exact item. Entries like “furniture” or “jewelry” invite problems. Each piece of real estate should carry a full legal description matching the parish conveyance records, including lot number, subdivision name, and municipal address.
Louisiana property law sorts everything into categories: movable versus immovable, and corporeal versus incorporeal. Real estate is immovable. Vehicles, furniture, and personal effects are corporeal movables. Bank accounts, stocks, bonds, and intellectual property rights are incorporeal movables. Organizing the list along these lines helps the court see how property will transfer to the heirs.
Valuations have to reflect fair market value on the exact date of death. For bank and investment accounts, that means date-of-death balance statements from the financial institution. Vehicle values can come from recognized pricing guides. Real estate usually calls for a professional appraisal, especially where the property might be contested or the estate is near a legal threshold. Rounding figures or estimating balances is a fast way to have the filing rejected or challenged.
Estates increasingly contain property with no physical form. Cryptocurrency, domain names, online accounts with stored value, monetized content channels, and loyalty program balances all carry economic value and belong on the list if the decedent owned them at death. Discovery is the hard part: the representative may need to search email and financial records to find holdings nobody else knew about.
Private business interests take more effort. If the decedent held part of a closely held company, the list needs the fair market value of that specific ownership interest, not a proportional slice of total business assets. A professional business valuation accounts for whether the stake is controlling or minority, whether it can be easily sold, and whether any buy-sell agreement restricts transfer. Valuations should rest on information known or reasonably knowable as of the date of death.
Community Property for Married Decedents
Louisiana is a community property state, which complicates things when the decedent was married. The sworn descriptive list should include the decedent’s separate property in full and only the decedent’s one-half share of community property. The surviving spouse already owns the other half, and it is not part of the succession estate. Misidentifying community property as separate, or listing the full value of a community asset without noting the fractional interest, creates problems that can delay the judgment of possession.
Sorting community from separate property sometimes requires tracing the source of funds. Property acquired during the marriage is generally community; property owned before the marriage or inherited individually during it is typically separate. When an asset has a mixed character, like a home bought before marriage but paid off with community funds, the allocation can get complicated enough to warrant legal help.
Should Debts Be Listed?
Article 3136 requires only a list of “succession property.” It says nothing about debts. In an independent administration, though, the rule is different. Under Article 3396.18, before the succession can be closed and the independent administrator discharged, the filing must include “assets and liabilities of the estate.”2Louisiana State Legislature. Louisiana Code of Civil Procedure Art 3396.18 There, listing debts is mandatory.
Even when not strictly required, including liabilities is almost always the right move. Funeral costs, outstanding mortgages, unpaid medical bills, credit card balances, and tax obligations all reduce the net estate. Heirs who take possession without accounting for known debts can face personal liability for those obligations, especially where they accept unconditionally. Listing everything upfront protects the representative and the heirs from surprises after the judgment of possession is signed.
Who Signs and How It Is Sworn
Article 3136 requires the list to be “sworn to and subscribed” by the person filing it.1Justia. Louisiana Code of Civil Procedure Article 3136 The filer signs under oath, affirming the contents are true and complete to the best of their knowledge. That turns the document into sworn testimony. Knowingly omitting assets or inflating values exposes the filer to fraud claims and possible removal as the succession representative.
Sworn statements in Louisiana generally have to be made before a notary public. Many parish courts provide standardized templates or local forms specifying how the document should be organized and verified. Using the court’s preferred format avoids clerical rejections. Assets are typically grouped by category, with real estate in one section, financial accounts in another, and personal property in a third, so the judge can quickly review the estate’s composition.
For independent administrations, Article 3396.18 specifies that the list must be “verified by the independent administrator,” reinforcing that the person running the estate carries personal responsibility for accuracy.2Louisiana State Legislature. Louisiana Code of Civil Procedure Art 3396.18 In successions without formal administration, any heir, legatee, or other interested party may be the one who swears to the list.
Filing and Costs
The completed document is submitted to the Clerk of Court in the parish where the succession was opened. Filing fees vary by parish and depend on whether the succession qualifies as a small estate. The clerk stamps the document with a filing date, which matters for tracking any future challenges.
Beyond the filing fee, expect costs for notarizing the document and, depending on the estate, professional appraisal fees. A residential real estate appraisal typically runs a few hundred dollars for a straightforward single-family home; complex or high-value properties cost more. These expenses are generally treated as administrative costs of the succession and paid from estate funds.
The Presumption of Accuracy and How Someone Can Challenge It
Once filed, Article 3137 gives the list a presumption of accuracy. The court treats everything on it as correct unless someone successfully amends or challenges it. This presumption, called prima facie proof, means the court will not second-guess valuations or descriptions on its own. The burden sits with anyone who disagrees to come forward and prove it wrong.3Louisiana State Legislature. Louisiana Code of Civil Procedure Art 3137
Any interested person, whether an heir, a creditor, or someone else with a stake in the estate, can challenge the list by filing what Louisiana law calls a traverse. The challenger files a contradictory motion that must be served on the person who filed the list. There is no deadline. Article 3137 says it can happen “at any time,” so the list’s accuracy can be questioned well after filing.3Louisiana State Legislature. Louisiana Code of Civil Procedure Art 3137 At the hearing, the person who prepared the list defends the valuations with evidence like bank statements, appraisal reports, or expert testimony.
The filer can also amend the list to correct errors without a full hearing, using an ex parte motion. If a traverse succeeds or the list is amended, an updated copy must be filed with the Louisiana Department of Revenue so the state has accurate information about the estate’s value.3Louisiana State Legislature. Louisiana Code of Civil Procedure Art 3137
Why the Valuations Matter Beyond the Succession
The numbers on the sworn descriptive list do more than satisfy the court. They establish the baseline the IRS uses if the estate owes federal taxes or if heirs later sell inherited property.
Stepped-Up Basis for Heirs
Under 26 U.S.C. ยง 1014, property acquired from a decedent receives a new tax basis equal to its fair market value at the date of death.4Office of the Law Revision Counsel. 26 USC 1014 – Basis of Property Acquired From a Decedent If an heir inherits a house the decedent bought for $80,000 that was worth $300,000 at death, the heir’s basis is $300,000. Selling right away produces little or no capital gain. Because Louisiana is a community property state, both halves of community property generally receive a step-up when one spouse dies, not just the decedent’s half.5Internal Revenue Service. Estate Tax
The values on the sworn descriptive list are the primary evidence supporting those stepped-up basis figures. Understating a value may feel harmless inside the succession, but it leaves heirs with a lower basis and a larger taxable gain when they eventually sell.
Federal Estate Tax Threshold
For 2026, a federal estate tax return is required when the gross estate, combined with prior taxable gifts, exceeds $15,000,000.6Internal Revenue Service. Whats New Estate and Gift Tax Most Louisiana successions fall well below that line and owe no federal estate tax, but the sworn descriptive list is where the gross value is documented.
Foreign Account Reporting
If the decedent held financial accounts outside the United States with a combined value exceeding $10,000 at any point during the year, the estate must file a Report of Foreign Bank and Financial Accounts. The FBAR is filed electronically through FinCEN and is due April 15 of the following year, with an automatic extension to October 15.7Internal Revenue Service. Report of Foreign Bank and Financial Accounts FBAR Those accounts also belong on the sworn descriptive list with their date-of-death balances. Penalties for failing to report foreign accounts are severe, so check for overseas holdings early.
Small Successions May Avoid the Process Entirely
Louisiana has a streamlined track for estates with a gross value of $125,000 or less as of the date of death. Under Articles 3421 through 3443, these small successions do not need to be opened judicially at all when the heirs fall within certain categories, including descendants, parents, siblings, a surviving spouse, or named legatees under a will.8Louisiana State Legislature. Louisiana Code of Civil Procedure Art 3421 Whether a sworn descriptive list is still useful alongside the small-succession affidavit depends on what the heirs need to accomplish, like transferring real estate or accessing bank accounts. The $125,000 threshold uses gross value, so debts are not subtracted. An estate with $130,000 in assets and $100,000 in debt has a gross value of $130,000 and does not qualify.