The Louisiana Affidavit of Small Succession is a legal document that is used to transfer ownership of a deceased person's property without the need for probate. It is available in two different types: an affidavit of inheritance and an affidavit of domicile. The affidavit of inheritance is used when the deceased person left a will or last testament. This affidavit lists the names and addresses of all heirs and beneficiaries of the estate, as well as a detailed description of the property to be transferred. The affidavit of domicile is used when the deceased person did not leave a will or last testament. This affidavit lists the names and addresses of all heirs and beneficiaries, as well as a detailed description of the property to be transferred. Both types of affidavits must be notarized and filed with the local Clerk of Court.
Louisiana Affidavit of Small Succession
Description
Definition and meaning
The Louisiana Affidavit of Small Succession is a legal document used to affirm the transfer of assets from a deceased person to their heirs without the need for formal probate proceedings. This affidavit simplifies the process for heirs when the total value of the deceased's estate is under $125,000.
How to complete the form
To complete the Louisiana Affidavit of Small Succession, follow these steps:
- Identify the affiants: At least two individuals, either the surviving spouse and a major heir or two major heirs, must sign the affidavit.
- Provide the deceased's information, including the date of death and domicile.
- List all heirs, their relationship to the deceased, and the percentage of inheritance.
- Detail the assets owned by the deceased, including legal descriptions, values, and whether they are movable or immovable properties.
- Attach a certified copy of the deceased's death certificate.
- Have the affidavit notarized to validate the document.
Who should use this form
This form is suitable for heirs of a deceased person in Louisiana who want to claim assets without undergoing formal probate. It is particularly useful for estates valued under $125,000. The form can be utilized by individuals who are major heirs or the surviving spouse of the deceased.
Key components of the form
The Louisiana Affidavit of Small Succession includes several key components, such as:
- The names and signatures of the affiants.
- The deceased's date of death and domicile.
- Details on the deceased's marital status.
- A list of heirs and their respective shares of the inheritance.
- A description of the deceased's assets, their values, and legal status.
State-specific requirements
In Louisiana, the affidavit must meet specific criteria to be valid:
- The total value of the estate must be less than $125,000.
- The affidavit must be signed by a minimum of two major heirs or by the surviving spouse with an heir.
- A certified death certificate must accompany the affidavit.
- The affidavit must be notarized to be legally accepted.
Common mistakes to avoid when using this form
While filling out the Louisiana Affidavit of Small Succession, be careful to avoid these frequent errors:
- Failing to include all the necessary affiants.
- Omitting the required attachments, such as the death certificate
- Not specifying the full legal description of the deceased's assets.
- Neglecting to have the document notarized.
- Incorrectly estimating the value of the estate's assets.
How to fill out Louisiana Affidavit Of Small Succession?
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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.