Louisiana Funeral Planning Checklist: What to Do When Someone Dies

When someone dies in Louisiana, decisions must happen within hours, paperwork within days, and legal processes stretch over months. This checklist walks through each phase in order — what to do, who to contact, and what the law requires.

Louisiana has distinctive rules that differ from other states: who controls funeral decisions, how cremation authorization works, and how family members can access money before succession is complete. Knowing these up front avoids avoidable delays and fees.

Days 1–3: The Immediate Decisions

Engage a Licensed Funeral Establishment First

In Louisiana, the law is clear: only a licensed funeral establishment can handle, transport, or prepare human remains. This is not optional or subject to family preference. Under La. R.S. 37:848, private citizens cannot manage disposition themselves. Your first call should be to a licensed funeral home.

If the death happened at home, call 911 first. A physician or coroner must certify the death before the funeral home can take custody of the body.

Understand the 30-Hour Rule

If the body is not embalmed and not refrigerated below 45°F, Louisiana law requires burial or cremation within 30 hours of death. This deadline shapes everything that follows. If there are out-of-town family members who need time to arrive, talk to the funeral director immediately about refrigeration options to preserve flexibility.

Determine Who Has the Right to Make Decisions

Louisiana uses a specific hierarchy under La. R.S. 8:655 to determine who controls funeral and disposition decisions:

1. A notarized written declaration by the decedent, or a DD Form 93 (military)
2. The surviving spouse — unless a divorce petition was filed before death
3. A majority of adult children
4. Surviving parents
5. A majority of adult siblings
6. The nearest adult next of kin

If there is a dispute, this hierarchy is what the funeral home and courts will follow. A person arrested for the decedent's homicide loses all rights in the hierarchy.

If the decedent left a notarized declaration naming a specific person or specifying burial vs. cremation, that document controls — even if the family disagrees.

Start the Death Certificate Process

The funeral director files the death certificate through Louisiana's LEERS (Louisiana Electronic Event Registration System). You will not file this yourself, but you need to provide accurate personal information about the decedent: full legal name, Social Security number, date and place of birth, parents' names, and occupation history.

For more detail on the process and how to order copies, see Louisiana Death Certificate.

Days 4–10: Paperwork and Permits

Obtain the Burial-Transit Permit

Before the body can be moved or disposition can take place, the funeral director must obtain a burial-transit permit from the state. This happens automatically as part of the funeral home's process, but it is worth confirming that it has been issued before any transport across parish or state lines.

Order Death Certificates — More Than You Think You Need

Order at least 5–10 certified copies. Each financial institution, government agency, and insurance company will typically require its own original certified copy.

Louisiana is a closed-record state: death certificates are confidential for 50 years. Only eligible family members and certain authorized parties can obtain them.

Costs and options:

• $7 per copy ordered by mail through the Louisiana Vital Records Registry, or through VitalChek online
• $26 per copy if ordered in person at the Parish Clerk of Court's office for immediate issuance

Running short after the first week is a common problem. Order more than you think you need.

If Cremation Was Chosen

Cremation requires a separate coroner's cremation permit. Under Attorney General Opinion 23-0040, there is no charge to the family for this permit. The funeral home handles the application.

Before cremation can proceed, an authorized family member must sign a cremation authorization form. Louisiana law requires one of the following: the form must be signed with the funeral director present as witness, or it must be notarized, or two independent witnesses must sign. Visual identification of the remains is also required before cremation.

For a full explanation of Louisiana burial and cremation laws, including green burial options and rules on ash scattering, see the dedicated post.

Release a Preneed Contract If One Exists

If the decedent paid for a preneed funeral contract, locate that paperwork now. Present a certified death certificate to the funeral home or preneed trust company to release the funds. Preneed contracts are held in trust and typically cover all or most of the prearranged services.

Days 11–30: Financial Access and Government Notifications

Access Bank Accounts Without Waiting for Succession

Louisiana provides two legal mechanisms that allow family members to access money quickly:

• La. R.S. 9:1513: The surviving spouse can withdraw up to $10,000 from the deceased's bank accounts immediately by presenting a sworn affidavit to the bank. This bypasses succession waiting periods entirely.
• La. R.S. 6:315.1: Where there is no surviving spouse, intestate heirs can collectively withdraw up to $5,000 via a similar affidavit.

These tools cover funeral costs, utility bills, and other immediate expenses before the estate is formally settled.

Claim Unpaid Wages

Under La. R.S. 9:1515, a surviving spouse or children can claim up to $6,000 in wages the decedent had earned but not yet been paid — directly from the employer, without going through succession. Contact the employer's HR or payroll department with a death certificate and a written claim.

Watch for the Medicaid Estate Recovery Notice

If the decedent was age 55 or older and received Medicaid long-term care or home- and community-based services (HCBS), expect a letter from the Louisiana Department of Health (LDH) Recovery and Premium Assistance (RPA) Unit.

Two deadlines matter:

• 30 days to file an Undue Hardship Waiver if appropriate circumstances apply (surviving spouse in the home, dependent children, etc.)
• 60 days to respond to the recovery notice

Do not ignore this letter. Failing to respond within 60 days can significantly complicate the estate process.

Workers' Compensation Burial Benefit

If the death was work-related, the employer's workers' compensation insurer must pay a burial allowance of up to $8,500. File the claim with the workers' comp carrier directly. You will need the death certificate and documentation establishing that the death arose from employment.

Notify State Retirement Systems

If the decedent was a Louisiana state employee or public school teacher, notify the relevant retirement system:

• LASERS (Louisiana State Employees' Retirement System) — file Form 03-01 to apply for monthly survivor benefits
• TRSL (Teachers' Retirement System of Louisiana) — contact their survivor benefits unit

These benefits do not activate automatically. A beneficiary must file the claim.

Months 2–6: Settling the Estate

Determine Whether You Need Full Succession or a Small Succession Affidavit

Louisiana's succession (probate) process can be expensive and time-consuming. For smaller estates, there is a faster path.

For estates with a gross value of $125,000 or less:

• Without real estate: eligible to use a Small Succession Affidavit after a 45-day waiting period from the date of death
• With real estate: eligible after a 90-day waiting period

The affidavit is filed with the Parish Clerk of Court. It allows heirs to transfer property — including bank accounts, vehicles, and personal property — without opening a full succession proceeding. For a detailed walkthrough, see Small Succession Affidavit in Louisiana.

For estates above $125,000, or where the decedent owned property that cannot be transferred by affidavit, open a formal succession through the district court. An estate attorney is advisable in most of these cases.

Transfer the Vehicle

To transfer a vehicle title in Louisiana, bring the following to the Office of Motor Vehicles:

• Completed OMV Form DPSMV1696 (Transfer of Title by Affidavit — Succession)
• Certified death certificate
• Original title

The title transfer fee is $68.50. If a Small Succession Affidavit is being used for other assets, the vehicle transfer can typically be handled at the same time.

Getting the Full Picture

This checklist covers the legally required steps and the time-sensitive deadlines. Louisiana funeral law has additional layers — preneed contract disputes, transporting remains across state lines, embalming rules, and the rights of a designated agent versus next of kin.

The complete guide at bereavementstartguide.com/us/louisiana/funeral-law/ covers each topic in depth, with the specific statutes and forms referenced above. If you are handling arrangements under time pressure, that guide gives you the full legal framework in one place.

See more Louisiana guides →