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Using an Affidavit of Survivorship to Remove a Deceased Owner from Title. If you are already listed as a co-owner on the prior deedor if you inherited an interest in the property through a life estate deed, transfer-on-death deed, or lady bird deedyou may use an affidavit of survivorship to remove the deceased owner.
There are several alternate options in Louisiana for transferring property from a decedent to his heirs, such as small succession, a judicial process, or filing an affidavit under La. Code of Civil Procedure Art. 3432, a non-judicial process. These options are available when the estate meets certain requirements.
ChecklistThe name and address of the deceased party (called the "Decedent")The name and address of the party providing sworn testimony in this affidavit (called the "Affiant")The date and location of the Decedent's death.Whether or not the Decedent left a will and, if so, the name and address of the Executor.More items...
The price of the Affidavit of Heirship is $500. This price includes the attorneys' fees to prepare the Affidavit of Heirship and the cost to record in the real property records. You can save $75 if you record the Affidavit of Heirship yourself.
An Heirship Affidavit is a statement under oath by 2 or more heirs (including the surviving spouse, if any) as to certain facts. The affidavit can only be used if the property owner died without a valid will. Also, the affidavit can only be filed after 90 days from the property owner's death.