Navigating Louisiana's Small Succession Affidavit

A Small Succession Affidavit is a legal document that facilitates the smoother, more straightforward transfer of a decedent's assets to the rightful heirs. This process is initiated when the decedent passes away intestate, meaning without having drafted a legally recognized will.

To qualify for this process, the total value of the decedent's estate — encompassing all belongings, real estate, and other assets — must not exceed a threshold of $125,000. It’s essential to precisely calculate the total value of the assets to ensure eligibility for this procedure.

Traditionally, the transfer of assets following a death involves a probate process, which can be a prolonged, often cumbersome procedure requiring court involvement. The Small Succession Affidavit stands as a viable alternative, allowing heirs to avoid the probate process entirely, thereby saving time and reducing legal expenses.

What You Need To Know

A Small Succession Affidavit is a legal document that allows an heir to bypass probate, which involves going to court, and transfer estate property and assets by a less complicated procedure. In Louisiana, an estate can qualify for a small succession if the person that died had property in Louisiana, died without a will, and did not have more than $125,000 worth of property. The affidavit must include information about the heirs and the estate, including the parish where the affidavit is being filed, the date of the death of the decedent and the domicile at the time of death, the decedent's marital status, and a sworn descriptive list of assets with their values. Once the affidavit is signed and filed with the clerk of court, the property can be distributed to the heirs according to the law.

In Louisiana, an heir can file a Small Succession Affidavit if the person that died had property in Louisiana, died without a will, and did not have more than $125,000 worth of property. However, if the person that passed away died more than 20 years ago, their heirs can use the small successions process.

The requirements for an estate to qualify for a small succession in Louisiana are:

1. The person who died must have had property in Louisiana.
2. The person must have died without a will (i.e. intestate).
3. The estate must not have more than $125,000 worth of property.

However, if the person who passed away died more than 20 years ago, their heirs can use the small successions process.

It's important to note that when there is "immovable property" (like a home or land), the heirs must wait at least 90 days after the owner's death to file a small succession affidavit.

No, heirs cannot file a small succession affidavit if the decedent had a will. The small succession process is only available for estates where the decedent died without a will (i.e. intestate). If there is a will, the estate must go through the probate process.

The following information is required to be included in the Affidavit of Small Succession:

1. The parish where the affidavit is being filed.
2. A signed affidavit
3. The date of the death of the decedent and the domicile at the time of death.
4. That the decedent died with no will.
5. The decedent's marital status. If married, include where the surviving spouse is living.
6. The heir(s) to the property including names, relationship, and last known address. Calculate the percentage of each inheritance under Louisiana law. Find out if there is any heir who is not signing the affidavit to the small succession.
7. Prepare a sworn descriptive list of assets with their values in the affidavit. The purpose of the sworn descriptive list of assets is to list everything a part of the decedent's estate. The list helps distribute and transfer those assets.
8. Include a description of the property left by the decedent. Include whether the property is community or separate. Include and identify whether there is any immovable property i.e. a home.

It's important to follow the rules about who can sign the affidavit. If the decedent has a surviving spouse, he/she must sign and at least one of the decedent’s adult heirs. If the decedent did not leave a surviving spouse, the affidavit must be signed by two adult heirs. If there is one heir to the decedent, then the heir must sign. Someone who also has knowledge of the facts part of the affidavit must also sign.

Is there a waiting period to file a Small Succession Affidavit if there is immovable property involved?

Yes, there is a waiting period to file a small succession affidavit if there is immovable property involved. When there is "immovable property" (like a home or land), the heirs must wait at least 90 days after the owner's death to file a small succession affidavit. This waiting period is to allow any creditors or other interested parties to make a claim against the estate. After the waiting period has passed, the heirs can file the small succession affidavit and transfer the property and assets.

A sworn descriptive list of assets is a list of all the assets of the decedent's estate that are subject to transfer through the small succession process. The list should include a detailed description of each asset, its value, and any other relevant information. The purpose of the sworn descriptive list of assets is to provide a comprehensive inventory of the estate's assets, which will help ensure that all assets are properly transferred to the heirs. The list must be signed by the affiant and notarized to be considered valid.

The purpose of the small succession process is to provide a simplified and expedited way to transfer the property and assets of a decedent to their heirs without going through the traditional probate process. The small succession process is available in Louisiana for estates with a total value of $125,000 or less. The process is designed to be less time-consuming and less expensive than traditional probate, making it a more accessible option for many families. The small succession process involves filing a small succession affidavit with the court, which includes a sworn descriptive list of assets and other required information. Once the affidavit is approved, the heirs can transfer the property and assets without the need for a court-supervised probate process.

The maximum value of an estate that can be handled through a small succession in Louisiana is $125,000 or less. If the estate is valued at more than $125,000, a general succession may be required. It is important to note that this value limit applies only to the value of the estate's assets and does not include any outstanding debts or liabilities.

After the Small Succession Affidavit is filed with the clerk of court, the affiant must wait for the court to approve the affidavit. Once the affidavit is approved, the affiant can transfer the property and assets of the decedent to the heirs according to the law. The affiant must distribute the property to the heirs in accordance with the law and any instructions provided in the affidavit. It is important to note that the affiant must follow all legal requirements and procedures when distributing the property to the heirs.

Related Resources

• Successions Dictionary
• Understanding Property Under Louisiana Law
• Inheritance And Estate Transfer Taxes In Successions
• Inheriting An Interest In A Lease
• Wills
• Calculating Estate Value And How To Create A Descriptive List
• Contact The Clerk Of Court
• Debts And Successions
• Dying Without A Will - Intestate Successions
• Heirship In Successions
• Navigating A Louisiana General Property Succession
• Public Benefits And Effects On Inheritances In Successions
• Small Succession Guided Assistant
• Successions

Links To The Law

• Art. 632. Regulation by title
• Art. 2811. Court in which succession opened
• Art. 3421. Small successions defined
• Art. 3422. Court costs; compensation
• Art. 3422.1. Small succession immovable property damaged by disaster or catastrophe
• Art. 3431. Small successions; judicial opening unnecessary
• Art. 3432. Affidavit for small succession; contents
• Art. 3432.1. Affidavit for small succession for a person who died testate; contents
• Art. 3434. Endorsed copy of affidavit authority for delivery of property
• Art. 3441. Acceptance without administration; procedure
• Art. 3442. Administration of successions; procedure
• Art. 3443. Sale of succession property; publication of notice of sale

How To Prepare A Small Succession Affidavit

How To Prepare A Small Succession Affidavit

If someone has passed away and you are the rightful person to receive some of their property, you can fill out a special form called a Small Succession Affidavit. This form lists all the stuff they owned and says that you are now the legal owner. It's a way to make sure changing the ownership of things goes smoothly.

To use this form, you'll need to prepare and officially submit it. Once that's done, the next step is to hand over the listed belongings to the people named in the form, making them the new legal owners.

Steps To Preparing And Filing A Small Succession Affidavit

To use the simpler process for handling a small inheritance in Louisiana, the person who died must have:

• Owned property in Louisiana
• Not left a will
• Owned no more than $125,000 worth of property

If more than 20 years have passed since the person died, their family can still use this simpler process.

Please note: If the person owned things like a house or land, the family has to wait at least 90 days after the person dies to file the necessary paperwork for a small inheritance.

The small inheritance paperwork process is for people who meet the criteria mentioned before. It is done by two people who fill out a form that includes the death date and time, whether the deceased was married, and who will inherit their belongings.

One of the people filling out the form can be the person's spouse if they were legally married. The other person needs to be someone who will inherit a part of the person's belongings, usually a family member or someone mentioned in the person's will.

To create the Small Succession Affidavit, you'll need the following information:

• The parish where you'll file the document
• A filled-out and signed affidavit
• The date the person died and where they were living at that time
• Confirm that the person died without a will
• The person's marital status and, if they were married, where their spouse is now living
• Details about who will inherit the property, including their names, how they are related to the deceased, their last known addresses, and the share of the property they will get according to Louisiana laws. Check if there's anyone inheriting who won't be signing this affidavit.
• A detailed list, sworn to be true, of the deceased's assets and their values. This list will be used to share and transfer the assets.
• Description of the property left behind, including if it was community (shared with a spouse) or separate property, and noting any real estate like a home.
• The total value of the assets listed, making sure it is $125,000 or less. If the value is more, find out if you need to use a more detailed process for larger estates.

Once you have all this information, you can start putting together your Small Succession Affidavit to submit to the court.

Get your final version of the affidavit ready and prepare to sign it.

Make sure to include everything mentioned before in your small succession affidavit, including the part with two witnesses and the detailed asset list.

Here's who needs to sign the affidavit:

• If the person who died was married, their spouse needs to sign, along with at least one adult who will inherit something.
• If there isn't a surviving spouse, then two adults who will inherit something must sign.
• If there is only one person inheriting everything, they must sign, along with someone else who knows the details in the affidavit.
• If there are kids inheriting something, their natural guardian (called the Tutor) can sign for them.

You also need two witnesses to sign and write their names on the document. In Louisiana, witnesses must:

• Be 16 or older
• Be mentally competent
• Not be blind
• Be able to write their name

Once you have all the signatures, your affidavit is ready to be filed.

Once everyone has signed the affidavit, it's time to take it to the local parish court to file it officially. This is how you legally transfer the property of the person who died to the people inheriting it. Doing this is a critical step, as it is the legal way to change the ownership of the property from the person who passed away to the individuals who are set to inherit the property according to the affidavit.

To know where you should submit the affidavit, you have to find the correct district court. This would be the court that serves the parish where either the property is or where the individual who passed away had been living. Once you find the right court, you go there to hand in your affidavit to get the process of transferring the property started officially. It's like telling the government officially about who should now own the property.

Distribute the assets to the heirs as stipulated in the affidavit. Ensure compliance with the legal directives as provided in the affidavit, which may outline how assets should be distributed amongst the heirs.

In case the affidavit does not provide clear directives on asset distribution, it is advisable to reach an agreement among all heirs on how to distribute the assets fairly.

Title Transfer

Legal documents might need to be prepared to effect the transfer of assets such as properties and vehicles to the heirs.

Financial Assets

• Bank Accounts: Inform the relevant banks and financial institutions about the death and provide them with the necessary documents to facilitate the transfer of account balances to the heirs.
• Investments: Similarly, facilitate the transfer of investments such as stocks, bonds, etc., to the heirs.

Real Estate and Personal Belongings

• Real Estate: For real estate assets, ensure that the title deeds are transferred to the new owners as specified in the affidavit.
• Personal Belongings: Distribute personal belongings, such as jewelry, furniture, and artworks, among the heirs as stipulated in the affidavit.

Keep a record of all the distribution transactions, including the signed receipts by the heirs acknowledging receipt of the assets.

Once all assets are distributed as per the stipulation in the affidavit, the process comes to a conclusion.

Notify all relevant entities, including government agencies if necessary, of the completion of the asset distribution process.