Louisiana Affidavit of Small Succession | Small Estate Affidavit
The Louisiana Affidavit of Small Succession (Small Estate Affidavit) is a legal document that provides a straight-forward process for transferring the estate of a deceased loved one (also called 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(A)(B), the following parties are permitted to file the document: the deceased individual’s 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 & Required Conditions
Laws: CCP 3421 to CCP 3434
Maximum Estate Value: $125,000
Required Conditions: In addition to any instructions included in the form itself, the below list are a set of mandatory conditions that must be followed by those that use the deed:
- Qualified parties:
- 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 contents CCP 3432 sets forth must be evident in the form.
- 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 in the conveyance records in the office of the clerk of court in the parish where any immovable property described therein is situated.” This must be completed at least ninety (90) days after the date of the deceased individual’s death.
- Immovable property: If immovable property damaged by disaster or catastrophe is part of the estate claim, certain state-mandated provisions apply, as noted by CCP 3422.1.