Succession by Affidavit – Procedure for succession by affidavit
C.C.P. Art. 3432. Affidavit for small succession; contents. A. When it is not necessary under the provisions of Article 3431 to open judicially a small succession, at least two persons, including the surviving spouse, if any, and one or more competent major heirs of the deceased, may execute one or more multiple originals of an affidavit, duly sworn before any officer or person authorized to administer oaths in the place where the affidavit is executed, setting forth:
(1) The date of death of the deceased, and his domicile at the time thereof;
(2) The fact that the deceased died intestate;
(3) The marital status of the deceased, the location of the last residence of the deceased, and the name of the surviving spouse, if any, and the surviving spouse’s address, domicile, and location of last residence;
(4) The names and last last known addresses of the heirs of the deceased, their relationship to the deceased, and the statement that an heir not signing the affidavit (a) cannot be located after the exercise of reasonable diligence, or (b) was given ten days notice by U.S. mail of the affiants’ intent to execute an affidavit for small succession and did not object;
(5) A description of the property left by the deceased, including whether the property is community or separate, and which in the case of immovable property must be sufficient to identify the property for purposes of transfer;
(6) A showing of the value of each item of property, and the aggregate value of all such property, at the time of the death of the deceased;
(7) A statement describing the respective interests in the property which each heir has inherited and whether a legal usufruct of the surviving spouse attaches to the property;
(8) An affirmation that, by signing the affidavit, the affiant, if an heir, has accepted the succession of the deceased; and.
(9) An affirmation that, by signing the affidavit, the affiants swear under penalty of perjury that the information contained in the affidavit is true, correct and complete to the best of their knowledge, information, and belief.
(10) Repealed by Acts 2012, No. 618, §2, eff. June 7, 2012.
B. If the deceased had no surviving spouse, the affidavit must be signed by at least two heirs. If the deceased had no surviving spouse and only one heir, the affidavit must also be signed by a second person who has actual knowledge of the matters stated therein.
C. In addition to the powers of a natural tutor otherwise provided by law, a natural tutor may also.execute the affidavit on behalf of a minor child without the necessity of filing a petition pursuant to Article 4061. C.C.P. Art. 3432.1. Affidavit for small succession for a person domiciled outside of Louisiana; contents. A. “When it is not necessary under the provisions of Article 3431 to open judicially a small succession, at least two persons, including the surviving spouse, if any, and one or more.competent legatees of the deceased, may execute one or more multiple originals of an affidavit, duly sworn before any officer or person authorized to administer oaths in the place where the affidavit is executed, setting forth all of the
(1) The date of death of the deceased, and his domicile at the time thereof
(2) The fact that the deceased died testate.
(3) The marital status of the deceased, the location of the last residence of the deceased, and the name of the surviving spouse, if any, and the surviving spouse’s address, domicile, and location of last residence, together with the names and last known addresses of the legal heirs of the deceased, and identifying those of the legal heirs who are also forced heirs of the deceased.
(4) The names and last known addresses of the legatees of the deceased, and the statement that a legatee not signing the affidavit was given ten days notice by U.S. mail of the affiants’ intent to execute an affidavit for small succession and did not object.
(5) A description of the property left by the deceased, including whether the property is community or separate, and which, in the case of immovable property, must be sufficient to identify the property for purposes of transfer.
(6) A showing of the value of each item of property subject to the jurisdiction of the courts of Louisiana, and the aggregate value of all such property, at the time of the death of the deceased.
(7) A statement describing the respective interests in the property which each legatee has inherited and whether a legal usufruct of the surviving spouse attaches to the property.
(8) An attachment consisting of certified copies of the testament and the probate order of another state.
(9) An affirmation that, by signing the affidavit, the affiant, if a legatee, has accepted the legacy of the deceased.
(10) An affirmation that, by signing the affidavit, the affiants swear under penalty of perjury that the information contained in the affidavit is true, correct, and complete to the best of their knowledge, information, and belief.
B. If the deceased had no surviving spouse, the affidavit must be signed by at least two persons who have actual knowledge of the matters stated therein.
C. In addition to the powers of a natural tutor otherwise provided by law, a natural tutor may also execute the affidavit on behalf of a minor child without the necessity of filing a petition pursuant to Article 4061.
Art. 3434. Endorsed copy of affidavit authority for delivery of property. A. A multiple original of the affidavit authorized by Article 3432, shall be full and sufficient authority for the payment or delivery of any money or property of the deceased described in the affidavit to the heirs of the deceased and the surviving spouse in community; if any, in the percentages listed therein, by any bank, financial institution, trust company, warehouseman, or other depositary, or by any person having such property in his possession or under his control. Similarly, a multiple original of an affidavit satisfying the requirements of this Article shall be full and sufficient authority for the transfer to the heirs of the deceased, and surviving spouse in community, if any, or to their assigns, of any stock or registered bonds in the name of the deceased and described in the affidavit, by any domestic or foreign corporation.
B. The receipt of the persons named in the affidavit as heirs of the deceased, or surviving spouse in community thereof, constitutes a full release and discharge for the payment of money or delivery of property made under the provisions of this Article. Any creditor, heir, succession representative, or other person whatsoever shall have no right or cause of action against the person paying the money, or delivering the property; or transferring the stock or bonds, under the provisions of this Article, on account of such payment, delivery, or transfer.
C. (1) A multiple original of the affidavit, to which has been attached a certified copy of the deceased’s death certificate, shall be recorded in the conveyance records in the office of the clerk of court in the parish where any small succession immovable property described therein is situated, after at least ninety days have elapsed from the date of the deceased’s death.
(2) An affidavit so recorded, or a certified copy thereof, shall be admissible as evidence in any action involving small succession immovable property to which it relates or is affected by the instrument, and shall be prima fade evidence of the facts stated therein, including the relationship to the deceased of the parties recognized as heir, surviving spouse in community or usufructuary as the case may be, and of their rights in the small succession immovable property of the deceased.
(3) An action by a person, who claims to be a successor of a deceased person but who has not been recognized as such in an affidavit authorized by Article 3432, to assert an interest in small succession immovable property formerly owned by the deceased, against a third person who has acquired an interest in the small succession immovable property, or against his successors by onerous title, is prescribed in two years from the date of the recording of the affidavit in accordance with this Paragraph.
