The Louisiana probate procedure for the administration of an estate has now been significantly streamlined and modernized by a new law allowing the independent administration of estates.

Use of this new law can lower fees and costs that heirs or beneficiaries (called successors) in a Will must pay to receive their property. Independent administration will continue to require the establishment of court jurisdiction with an affidavit of death and heirship, the filing of the Will with the court, and completion of the steps for qualification of the Independent Administrator, also called the Independent Executor. After these steps are completed, the court will issue a certification called "Letters of Independent Administration," and the Independent Executor does not need to return to court until he or she is ready to close the succession.

With the Letters of Independent Administration in hand, the Independent Executor has all rights, powers and authorities to act without the requirement of application to the court that simply could not be avoided under the old law. This ability to act without each time having to return to court is the very heart of the new law. This means it is not necessary for the court to approve in advance such actions of the Independent Executor as payment of debts and the sale of personal property or real estate. In addition, no notices need to be published in the newspaper – which prevents delays, court costs or publication expenses – for the business or action to be taken.

An Independent Executor who wishes to sell real estate can enter into a listing agreement with a broker, or an agreement to sell directly with a buyer, and then appear at the closing with a certified copy of the Letters of Independent Administration. These Letters serve as evidence of his authority to sell the property.

If the value of a particular asset, because of changes in market conditions unique to it, will drop significantly in a matter of only days, an Independent Executor can move to sell immediately. This prevents a depreciation in the value of the inheritance of the heirs because he can do this without having to obtain prior court approval.

The last point to note is that the new law does not apply automatically to a succession. Therefore, if a person wants to be assured his heirs will have the benefits of the new law, he must prepare a Will and state in it that his succession is to be subject to independent administration. If a Will has already been done, a person can make the stipulation in a Codicil. If a Will or Codicil states the testator wishes that there be an independent administration, the court is required to issue an order granting Independent Executor status and the Letters of Independent Administration.