Louisiana Affidavit of Small Succession
A Louisiana Affidavit of Small Succession (also known as a “Small Estate Affidavit”) is a legal document used for transferring the estate (assets) of a deceased person (the “decedent”) to their heirs. The Louisiana-specific form is a resource that makes judicial proceedings (probate) for a small estate under $150,000 unnecessary, so long the conditions outlined by state laws regarding small successions are upheld.
Under CCP 3431, the following parties are permitted to file the document: a) descendants, b) ascendants, c) brothers or sisters, or descendants thereof, d) surviving spouse, and e) legatees under a testament probated by court order of another state. In certain circumstances, the appointed public administrator by the governor may also make use of this form.
Laws: CCP 3421 to CCP 3434
Requirements
Maximum Estate Value: $125,000
Qualified parties (those that can use the form):
- Descendants and ascendants of the deceased person.
- Brothers or sisters, or descendants thereof.
- A surviving spouse.
- Legatees under a testament by a court order.
Contents of the form: The form must include the sections as required by CCP 3432.
Notarization: The affidavit must be notarized by an officer or other individual authorized to notarize documents.
Recording: In line with the provisions in CCP 3434, a certified copy of the deceased individual’s death certificate must be attached to the original affidavit. Both of these forms must be recorded. This must be completed at least ninety (90) days after the date of the deceased individual’s death.