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Louisiana Code of Civil Procedure Tit. V, Art. 3432. Affidavit for small succession for a person who died intestate; contents

Current as of January 01, 2023 | Updated by Findlaw Staff

A. When it is not necessary in accordance with the provisions of Article 3431 to open judicially a small succession, at least two persons, including the surviving spouse, if any, and one or more heirs of the deceased, may execute one or more multiple originals of an affidavit, duly sworn before any officer or person authorized to administer oaths in the place where the affidavit is executed, setting forth all of the following:

(1) The date of death of the deceased, and his domicile at the time thereof.

(2) The fact that the deceased died intestate.

(3) The marital status of the deceased, the location of the last residence of the deceased, and the name of the surviving spouse, if any, and the surviving spouse's address, domicile, and location of last residence.

(4) The names and last known addresses of the heirs of the deceased, their relationship to the deceased, and the statement that an heir not signing the affidavit either:

(a) Cannot be located after the exercise of reasonable diligence.

(b) Was given thirty days’ notice by United States mail of the affiants' intent to execute an affidavit for small succession and did not object.

(5) A description of the property left by the deceased, including whether the property is community or separate, and which, in the case of immovable property, shall be sufficient to identify the property for purposes of transfer.

(6) A showing of the value of each item of property, and the aggregate value of the property, at the time of the death of the deceased.

(7) A statement describing the respective interests in the property that each heir has inherited and whether a legal usufruct of the surviving spouse attaches to the property.

(8) An affirmation that, by signing the affidavit, the affiant, if an heir, has accepted the succession of the deceased.

(9) An affirmation that, by signing the affidavit, the affiants swear under penalty of perjury that the information contained in the affidavit is true, correct, and complete to the best of their knowledge, information, and belief.

B. If the deceased had no surviving spouse, the affidavit shall be signed by at least two heirs. If the deceased had no surviving spouse and only one heir, the affidavit shall also be signed by a second person who has actual knowledge of the matters stated in the affidavit.

C. In addition to the powers of a natural tutor or curator otherwise provided by law, a natural tutor may also execute the affidavit on behalf of a minor child without the necessity of filing a petition pursuant to Article 4061, and a curator may also execute the affidavit on behalf of an interdict without the necessity of court authorization.

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Cite this article: FindLaw.com - Louisiana Code of Civil Procedure Tit. V, Art. 3432. Affidavit for small succession for a person who died intestate; contents - last updated January 01, 2023 | https://codes.findlaw.com/la/code-of-civil-procedure/la-code-civ-proc-tit-v-art-3432/

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