Navigating Louisiana's Small Succession Affidavit

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.

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.