Is It Necessary To File All Succession Pleadings At The Courthouse In Louisiana?

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It is not necessary that all actions for succession be filed at the courthouse. In Louisiana, there are certain types of small successions which need to be filed only at the clerk of court’s office in their conveyance records. Therefore, no judge needs to be involved at all in this kind of succession.

What Documents Are To Be Signed And Filed With The Clerk Of Court In A Small Succession?

In a Louisiana small succession, which is subject to the affidavit procedure, only two documents are required to be filed. The first document is a certified copy of the decedent’s death certificate. The second document is an affidavit signed by a person or persons who are listed in the Louisiana Code of Civil Procedure.

Are There Restrictions on The Use of An Affidavit Procedure For Small Succession?

There are limits on the use of an affidavit procedure for small succession. This is a very specialized type of proceeding and since it does not require any type of judicial supervision or intervention, the law does provide for certain restrictions to be met before you can use it. First, the Louisiana Code of Civil Procedures affidavit procedure generally applies to the succession of a person who is domiciled in Louisiana and who died intestate, meaning without leaving a will. Or, to the succession of a person domiciled outside of the state of Louisiana who died intestate or whose testament has been probated by court order of another state.

The second restriction is that the decedent’s property in the state of Louisiana must have a gross value of $125,000 or less. The third restriction is the affidavit procedure is only available in an intestate succession if all heirs of the decedent are descendants, ascendants, brothers, sisters or descendants of brothers and sisters, or the surviving spouse of the decedent. The affidavit procedure cannot be used if the decedent is survived by other, more remote, collateral relatives such as aunts, uncles, or cousins.

What Information Must The Affidavit Contain, As Set Forth In The Louisiana Code Of Civil Procedure List?

Since this is a type of succession without judicial intervention and supervision, several things must be included as set forth in the affidavit. Item number one is the date of death of the decedent and his domicile at the time that he died. Number two, the fact that the deceased died intestate. Number three, the marital status of the deceased and the location of his last residence, the name of the surviving spouse, if any, and the surviving spouse’s address. Fourth, the names and the last known addresses of the heirs of the deceased, their relationship to the deceased, and the statement that an heir not signing the affidavit cannot be located after the exercise of reasonable diligence or was given 10 days’ notice by US mail of the intent to execute an affidavit for small succession and did not object.

The fifth thing to be covered in the affidavit is a description of all of the property left by the deceased, including whether that property is community property or his separate property, which in the case of immovable property must be sufficient to identify the property for purposes of transfer. The sixth item to be covered is a showing of the value of each item of property and then the aggregate value of all such property at the time of death of the deceased. This is because the small succession procedure by affidavit is only permissible to be used if it’s a $125,000 or less value estate.

The seventh item to be included in the affidavit is 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. The eighth item is an affirmation that by signing the affidavit, the affiant, if an heir, has accepted the succession of the deceased. The last item to be included in the affidavit is 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.

For more information on Succession Pleadings In Louisiana Courts, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (225) 228-3450.