Louisiana Affidavit of Small Succession

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State:
Louisiana
Control #:
LA-S007ST
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Word; 
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Description

In Louisiana, an affidavit of small succession is a written legal document used in succession cases where a decedent left behind less than $125,000 in assets to be distributed. If the inheritor qualifies for this process, he or she can avoid court involvement.

The Louisiana Affidavit of Small Succession is a document used to transfer the assets of a deceased person without going through the court-supervised process of probate. This document is available to those who have a gross estate of $75,000 or less and do not owe any debts. It must be signed by the heirs of the deceased person. There are two types of Louisiana Affidavit of Small Succession available: a “Regular” Small Succession Affidavit and a “Sole Heir” Small Succession Affidavit. The “Regular” Small Succession Affidavit is used when there are multiple heirs of the deceased person, while the “Sole Heir” Small Succession Affidavit is used when there is only one heir. In order to use the Louisiana Affidavit of Small Succession, all heirs must provide a copy of the death certificate, a copy of the will (if applicable), and a completed and signed affidavit. The affidavit must include the name and address of the deceased, the value of the gross estate, and the name and address of all heirs. After all the documents are submitted, they must be filed with the court.

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FAQ

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

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.

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.

File the following documents: Petition for Possession, Affidavit of Death, Domicile, and Heirship, Sworn Descriptive List of Assets and Liabilities, Renunciations or donations (if applicable), and Judgment of Possession. They open the succession in court and begin the process to divide the estate.

Louisiana law allows the transfer of the assets of a small succession by affidavit, without a formal court proceeding.

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.

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.

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Louisiana Affidavit of Small Succession