Louisiana Affidavit of Small Succession
What is this form?
The Affidavit of Small Succession is a legal document used by the surviving spouse and adult heirs of a deceased person to transfer assets and properties valued at less than $125,000. This affidavit allows successors to bypass the lengthy probate process, thereby speeding up the collection and distribution of assets. It is particularly useful for those who need a straightforward and efficient way to manage a loved oneâs estate following their passing.
Form components explained
- Identification of the deceased and their heirs.
- Marital status of the deceased at the time of death.
- Listing of all heirs, their relationships to the deceased, and the percentage of inheritance.
- Description of the deceased's properties, both movable and immovable.
- Acceptance of the succession by the affiants.
- Notarization section to affirm the legitimacy of the affidavit.
When to use this document
This form is used in situations when an individual dies intestate (without a will) and their assets are valued at less than $125,000. It is often necessary for the surviving spouse or adult heirs to access the deceasedâs assets quickly without going through probate. Common scenarios include handling household items, bank accounts, and smaller estates particularly in cases where loved ones wish to maintain a smooth transition of assets.
Who needs this form
- Surviving spouses of the deceased.
- Adult heirs who are at least eighteen years old and related to the deceased.
- Any individual who has actual knowledge of the affairs of the deceased when no surviving spouse is present.
- Natural tutors acting on behalf of minor children who inherit.
How to complete this form
- Identify the parties involved, including the affiants and their relationship to the deceased.
- Fill in the deceased's name, date of death, and attach a certified death certificate.
- List the last known addresses and inheritance percentages for all heirs.
- Describe the properties owned by the deceased, including values and ownership type.
- Ensure signatures from both affiants are present and notarized.
Does this document require notarization?
Yes, this form must be notarized to be legally valid. The notary public must witness the signatures of the affiants, ensuring that the document is executed in compliance with legal requirements. US Legal Forms offers integrated online notarization for your convenience, providing secure video calls and 24/7 availability.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes
- Failing to include all heirs or misrepresenting their relationships.
- Submitting the affidavit before the required ninety-day waiting period if applicable.
- Not attaching the required death certificate.
- Omitting property descriptions or valuation details.
Advantages of online completion
- Convenience of downloading and completing the form from home.
- Editability allows users to fill in information at their own pace.
- Access to legal templates drafted by licensed attorneys ensures reliability.
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FAQ
Succession Process File an Affidavit of Death, Domicile, and Heirship with the court in the parish where the decedent lived. A Petition for Probate of Testament is filed to requests that the court recognize the will. The court appoints a succession representative to handle the administration of the estate.
Since there are no probate courts in Louisiana, you must file the affidavit for small successions at the district court in the judicial district of the succession.
A small succession, within the meaning of this Title, is the succession or the ancillary succession of a person who at any time has died and the decedent's property in Louisiana has a gross value of one hundred twenty-five thousand dollars or less valued as of the date of death or, if the date of death occurred at
Process Guide to Filing a Small Succession Step 1: Make Sure You Qualify For The Small Succession.Step 2: Gather Information About The Heirs And The Estate.Step 3: Draft And Sign The Affidavit Of Small Succession.Step 4: File The Small Succession Affidavit With The Clerk Of Court.
For simple successions, court costs can range from $300.00 to $600.00 depending on the parish where the succession will be filed. When an administration is needed for an estate, court costs will be higher depending on the filings necessary to complete the administration and can range from $1,500.00 up to $3,000.00.
In some cases, the process is simple, but in other cases, it can get very complicated very quickly. In all but the simplest situations, you should work with a succession attorney to ensure that the process is as efficient as possible and that, as an heir, your rights are protected.
Louisiana notary publics can do things that notary publics can't do in many other states. In Louisiana, they can: Create and execute affidavits. Help with small successions.
