TL;DR
A curator ad hoc is an attorney appointed by a Louisiana court under La. C.C.P. art. 5091 to represent an absent, unknown, or unrepresented party so a proceeding can move forward. Louisiana successions need one when an heir cannot be located, a putative heir’s identity is unclear, or an unborn or minor party has interests that no parent or tutor can protect. Curator fees typically run $750 to $2,500 and are paid from the succession funds.
The civil-law gap a curator ad hoc fills
Louisiana succession proceedings are in rem, meaning the judgment of possession binds the world. Because of that, due process requires that every person with a potential interest receive notice and an opportunity to respond. When a person with a potential interest cannot be located, is unborn, is a minor without a tutor, or has been declared an absentee, the court cannot simply ignore them and proceed; it must appoint someone to stand in their shoes.
That someone is a curator ad hoc (sometimes called an attorney-curator or attorney ad hoc), authorized under La. C.C.P. art. 5091.
Who needs a curator ad hoc
Absent heirs
The classic case is the heir who has had no contact with the family for many years, has no known address, no LinkedIn or social-media presence, and cannot be reached by mail. Due-diligence search through skip-tracing services typically must come first; if it fails, the court appoints a curator.
Unknown heirs
Sometimes we know a class exists (“the children of the decedent’s deceased brother John”) but cannot identify them by name. The court appoints a curator to represent unknown heirs as a class.
Unborn heirs
A common scenario in trust-related successions or where a testament has alternative dispositions “to my grandchildren born before [date].” A curator can be appointed to represent the unborn class.
Minor heirs without a qualified representative
If a minor heir’s natural tutor has a conflict of interest (often the surviving parent has an opposing claim), the court appoints an independent attorney to represent the minor.
Declared absentees and persons of unsound mind without curator
An adult declared absent under La. C.C. art. 47 or a person under interdiction whose curator has a conflict.
How appointment works
The petition
The succession attorney files a motion that:
- Identifies the absent or unrepresented party
- Describes the diligent search efforts made (typically a sworn affidavit listing skip-tracing databases, address inquiries, social-media searches, and certified-mail attempts)
- Requests appointment of a specific attorney as curator (or asks the court to appoint one)
- Sets the curator’s fee range
Diligence required
Courts in Orleans, Jefferson, St. Tammany, East Baton Rouge, and most other parishes will not appoint a curator until the petitioner shows real effort to locate the missing party. Typical due-diligence steps:
- Skip-tracing service (TLO, Accurint, IRB)
- Social Security Administration last-known address request
- Search of state DMV records and voter rolls (subject to availability)
- Letters to the last 3 known addresses with return receipt
- Social-media search
- Inquiry of known relatives and friends
- Search of obituaries in the relevant region
Curator’s role
Once appointed, the curator owes a fiduciary duty to the absent party. The curator must:
- Receive and review all pleadings filed in the succession
- Appear at hearings affecting the absent party’s interest
- Decline to consent to dispositions that prejudice the absent party
- File a written report to the court at the close of the proceeding
- Submit a fee statement for court approval
The curator does not become the absent heir’s lawyer in any non-succession matter and cannot accept a settlement that gives away the absent heir’s substantive rights without court approval.
Missing heir holding up your Louisiana succession?
We handle the diligence search, curator appointment, and final accounting. The proceeding moves forward.
What happens to the missing heir’s share?
The curator does not take the absent heir’s share for themselves. Once the judgment of possession issues, the missing heir’s share is typically:
- Held by the succession administrator pending the absent heir’s appearance
- Deposited into the registry of court for safekeeping (La. C.C.P. art. 4521)
- Used to satisfy debts if the absent share includes specific property and creditors must be paid
If the missing heir is never located, the funds eventually escheat to the state under La. R.S. 9:151 et seq. (unclaimed property law). The Department of the Treasury’s unclaimed property division accepts these deposits and holds them indefinitely; the heir’s descendants can later claim.
Cost of a curator ad hoc
| Phase | Typical fee | Notes |
|---|---|---|
| Appointment and initial review | $250-$500 | Reviewing petition and existing pleadings |
| Ongoing representation | $500-$1,500 | Attending hearings, monitoring filings |
| Final report | $250-$500 | Closing report to court |
| Total typical | $1,000-$2,500 | Paid from the succession funds |
The fee is paid from the succession’s estate, not from the absent heir’s specific share (although the share is the source of payment in practice).
Coordination with the descriptive list and judgment
When a curator represents an absent heir, the descriptive list is filed identifying both the present heirs and the absent heir with the curator as their representative. The judgment of possession sends the absent heir’s share to the administrator or the registry of court.
When you cannot use a curator: small successions and affidavit procedures
The small succession affidavit procedure under La. R.S. 9:1421-1426 is not available when an heir cannot be located, because affidavit successions require all heirs to sign. If your estate qualifies size-wise for a small succession but you have a missing heir, you must open a full succession and use a curator. See our small-succession primer for the qualifying thresholds.
If the missing heir later turns up
The judgment of possession is final after the appellate delays run, but the absent heir is not bound by representations made by a curator without their authority and can in some cases reopen the succession. We have helped both proponents and re-appearing heirs handle this scenario; the legal hook is La. C.C.P. art. 3393 (reopening of succession) and ordinary judgment-annulment principles under La. C.C.P. arts. 2002-2006.
Practical tips for petitioners
- Start the diligence search early. Courts dislike rushed motions filed two days before hearing.
- Document each attempt with dated emails or printouts.
- Ask family members for old phone numbers, employers, and addresses; the leads often turn up someone.
- Use a private investigator when the case warrants it. The cost is usually $300-$800 and rules out a hasty curator appointment.
- If the missing heir is a forced heir, the legitime cannot be disposed of without their (or the curator’s) acquiescence within the strict limits of art. 1499.
Related Reading
- Out-of-State Heirs in Louisiana Successions
- How to Open a Louisiana Succession
- Louisiana Small Succession Affidavit
- Complex Louisiana Succession Services
About the Author
Ronnie Cantin III is the principal attorney at Pelican Succession Law (3001 17th Street, Suite 102, Metairie, LA 70002 · (504) 389-6100 · info@pelicanfirm.com) and a member of the Louisiana State Bar Association (#39827). His practice concentrates on Louisiana successions, forced heirship, mineral-rights succession, and ancillary representation for out-of-state heirs across all 64 parishes.
Disclaimer. This article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship. Past results do not guarantee future outcomes. For advice on your specific situation, consult a Louisiana attorney. Pelican Succession Law’s attorneys are licensed only in Louisiana. Attorney Advertising. Pelican Succession Law, 3001 17th Street, Suite 102, Metairie, LA 70002.