Legal Question in Wills and Trusts in Louisiana

While the estate is being probated, the executor does have the authority and the responsibility to oversee the property, get rents, pay the taxes, etc. It is also the executor's responsibility to wind up the estate as soon as practicable by putting the heirs in possession.

With most estates, a protracted probate is not necessary. All that is necessary is to file a "walk-through" succession that puts the heirs in possession immediately. If the heirs are unable to agree as to the distrubution of the property, then probate will be necessary. The Court will have to decide how to divide the property.

In either event, the Court ultimately has to decide what to do. In other words, if the estate has to be probated, the executor takes possession of the property, bank accounts, everything, and moves the Court for permission to pay the taxes, sell the property, find or evict tenants, etc. The Court will rule on these motions after a hearing.

You need an attorney to help you with this. Probating an estate is not something that you should do on your own.