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 Louisiana Affidavit of Small Succession form itself, the below list comprises of mandatory conditions that must be upheld by any party who wishes to utilize this legal avenue:
- Qualified parties: CCP 3431(A)(B) states the parties who are permitted, to the exclusion of all others, to use an Affidavit of Small Succession.
- The contents of the Affidavit: The contents CCP 3432 sets forth must be evident in the Affidavit.
- Notarization: CCP 3432 also states that the Affidavit must be “duly sworn before any officer or person authorized to administer oaths in the place where the Affidavit is executed.”
- Recording of the Affidavit: 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.