TL;DR
The Louisiana descriptive list of assets is a sworn inventory filed in a succession that identifies every asset and liability of the decedent as of the date of death and assigns a value to each. Authorized by La. C.C.P. art. 3136, it is the lower-cost alternative to a formal notarial inventory. The list controls everything downstream — tax exposure, forced-heir calculations, and what passes under the Judgment of Possession.
Every Louisiana succession revolves around one document more than any other: the descriptive list of assets. It is the sworn snapshot of what the decedent owned and owed at the moment of death. Get it right and the succession moves smoothly. Get it wrong — forget an asset, misvalue a mineral interest, ignore a community-property characterization — and you can trigger amendments, tax problems, or even reduction claims. This guide breaks down exactly what goes into a descriptive list, what stays out, and the common mistakes that cost families months of delay.
What Is a Descriptive List?
Louisiana law gives heirs a choice between two inventory methods: a formal notarial inventory conducted by a notary public (La. C.C.P. arts. 3131–3135) and a sworn descriptive list filed by the succession representative or by the heirs themselves (La. C.C.P. art. 3136). For most uncontested successions, the descriptive list is the practical choice — it is faster, cheaper, and accepted by the court without a notary’s in-person inventory.
The descriptive list must:
- Identify each asset with reasonable particularity
- State its fair market value as of the date of death
- Identify each debt owed by the decedent
- Be sworn to by the persons placing themselves in possession (the heirs, surviving spouse, or executor)
Assets That Belong on the Descriptive List
If the decedent had any ownership interest at the moment of death — full, partial, community, or separate — it generally belongs on the list. The categories below cover the vast majority of Louisiana estates.
1. Immovables (Real Estate)
- Houses, condominiums, raw land, farms, timberland
- Servitudes (rights-of-way, predial servitudes) owned by the decedent
- Building leases of 30 years or more
Each parcel should be described with its full legal description (lot, block, subdivision, parish), the conveyance-records reference, and the percentage owned by the decedent. Half-interests in community-property real estate are common.
2. Mineral Rights and Royalty Interests
Under La. R.S. 31:18, mineral rights are immovable property. They go on the descriptive list. This includes:
- Mineral servitudes (the right to explore for and reduce minerals to possession)
- Mineral royalties
- Overriding royalty interests
- Working interests under mineral leases
- Unleased mineral interests
Out-of-state heirs frequently learn about inherited Louisiana mineral interests only after a check arrives. Our companion piece, mineral-rights succession, explains the search and inclusion process.
3. Movables
Movables include:
- Vehicles, boats, RVs, trailers
- Bank and credit-union accounts (checking, savings, CDs, money market)
- Brokerage accounts (stocks, bonds, mutual funds)
- Cash on hand
- Jewelry, art, collectibles
- Household furniture and personal effects (often listed in bulk with a reasonable value)
- Livestock and farm equipment
4. Incorporeal Movables
- LLC membership interests, partnership interests, closely held stock
- Promissory notes payable to the decedent
- Intellectual property (copyrights, trademarks, patents)
- Pending insurance claims (when payable to the estate)
- Refunds owed to the decedent
5. Retirement and Insurance Accounts — With a Caveat
IRAs, 401(k)s, annuities, and life insurance with a named beneficiary other than the estate generally pass outside succession to the beneficiary. They typically do not appear on the descriptive list as estate property. But:
- If the named beneficiary is “estate of [decedent],” the asset belongs on the list.
- If the beneficiary form is missing or predeceased and no contingent beneficiary exists, the default contract terms may direct the proceeds to the estate.
- For tax purposes (federal estate tax under IRC §2042), retirement and insurance values may still be reported, even if not on the Louisiana descriptive list.
What Stays Off the Descriptive List
Several categories of property are not part of the succession estate and therefore are not on the descriptive list:
- Surviving spouse’s half of community property. Only the decedent’s half is succession property.
- Property held in a properly funded inter vivos trust. Trust assets pass under the trust instrument, not the succession.
- Life-insurance proceeds with a living named beneficiary. They pass outside succession.
- Retirement accounts with a living designated beneficiary. Same.
- Joint accounts with true right of survivorship at certain financial institutions. Louisiana “joint” accounts are often convenience accounts, however — the signature card controls.
- Pay-on-death (POD) and transfer-on-death (TOD) accounts. They pass to the beneficiary directly.
- Property gifted away during life (donations inter vivos). Already transferred — though may be relevant to forced heirship calculations.
Community vs. Separate — Why Characterization Matters
Louisiana is a community-property state. Property acquired during marriage is presumed community under La. C.C. art. 2340 unless rebutted. The descriptive list must characterize each asset:
- Community property: Owned 50/50 with the surviving spouse. Only the decedent’s half is on the list.
- Separate property: Owned 100% by the decedent. The full value is on the list.
Mis-characterization causes downstream problems. Listing the entire community home as the decedent’s separate property inflates the estate, overstates the legitime, and may create a tax-basis miscalculation. For a fuller treatment, see Louisiana Community Property Succession.
Need help compiling the descriptive list?
We coordinate appraisals, mineral-interest searches, and bank-account confirmations so your descriptive list is right the first time — no amendments, no surprises.
How to Value Each Asset
The standard is fair market value as of the date of death. Practical guidance for the most common categories:
| Asset Type | Typical Valuation Method |
|---|---|
| House / land | Tax assessor value (acceptable for small estates) or licensed appraisal (preferred for sizable estates) |
| Bank accounts | Date-of-death statement balance |
| Publicly traded stock | Mean of high & low on date of death (or last preceding trading day) |
| Mineral royalty | Capitalized recent royalty income (often 3–5x annual revenue, depending on field decline) |
| Vehicles | NADA or Kelley Blue Book |
| Household goods | Reasonable aggregate, often $1,000–$10,000 for typical homes |
| Closely held LLC | Business appraisal or, for small estates, member’s capital account balance |
For federal estate-tax purposes, IRC §2032 may permit an alternate-valuation date six months after death; few Louisiana estates exceed the federal exemption, so the date-of-death value usually controls.
Debts on the Descriptive List
The list also includes the decedent’s debts as of the date of death:
- Mortgages secured by real estate
- Unpaid credit cards and consumer loans
- Medical bills (final illness)
- Funeral and burial expenses (allowable as a debt of the estate)
- Federal and state income taxes due
- Property taxes accrued
Net value (assets minus debts) drives the size of the legitime and any tax exposure.
Sample Descriptive List Entry
Here is what a single line item looks like in practice (simplified):
Item 4 (Community Property): One-half (1/2) interest of the decedent in and to that certain lot of ground, together with all buildings and improvements thereon, situated in the Parish of Jefferson, designated as Lot 12, Square 14, of Metairie Heights Subdivision, bearing municipal address 3001 17th Street, Suite 102, Metairie, LA 70002, acquired by the decedent and the surviving spouse during the existence of the community by act recorded at C.O.B. ____, Folio ____. Date-of-death fair market value of the whole: $500,000. Decedent’s one-half interest: $250,000.
Common Mistakes That Trigger Amendments
1. Forgetting Mineral Interests
Heirs sometimes overlook small mineral acres in north Louisiana or in the Haynesville Shale. A title search of the parish conveyance records is the safest way to confirm.
2. Listing Insurance Proceeds as Estate Property
Unless the beneficiary is the estate, insurance does not belong on the list. Listing it inflates the estate and complicates the Judgment of Possession.
3. Treating Joint Accounts as Outside the Estate Without Checking
The signature card and the financial institution’s rules govern. Many Louisiana banks treat the surviving signer as a convenience party only.
4. Outdated Mortgage Balances
Use the date-of-death payoff figure, not the original loan amount or last statement.
5. Skipping the Household Goods Line
Even a token value is recommended — the absence of any movables line invites the clerk to ask questions.
What Happens After the List Is Filed?
Once sworn and filed, the descriptive list becomes the official record of the estate. It is referenced in the Petition for Possession, the proposed Judgment of Possession, and any tax filings. If new assets surface later — a forgotten brokerage account, a newly discovered mineral interest — a supplemental descriptive list is filed and a supplemental Judgment of Possession can be obtained.
Where Pelican Succession Law Fits In
We prepare descriptive lists in every Louisiana succession we open — whether uncontested, ancillary, or complex. We coordinate mineral-records searches, appraisals, and bank confirmations so the list is right the first time. See also our document-gathering article, Louisiana Succession Documents Checklist.
Related Reading
- Louisiana Succession Documents Checklist
- Louisiana Community Property Succession
- How Much Does a Louisiana Succession Cost?
- Service: Uncontested Louisiana Succession
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.