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Short summary: In Louisiana, an affidavit used in a small succession is a written sworn statement that lets a person who is entitled to a decedent’s movable property identify and collect that property without opening a full succession (court administration) when the estate is small and the assets are primarily movables. Whether you can use this procedure depends on the type and value of the decedent’s property and on whether there are disputes or creditor claims. Always confirm current thresholds and rules in the Louisiana Code of Civil Procedure and with your parish clerk or an attorney.

What is a small succession affidavit?

An affidavit for a small succession in Louisiana is a sworn statement by an heir, surviving spouse, or other person entitled to property that identifies the decedent, the claimant’s relationship to the decedent, an itemized accounting of the decedent’s personal (movable) property, and a statement that no formal succession administration has been opened. The affidavit is presented to third parties (banks, employers, etc.) or filed with the court to collect and distribute the decedent’s movable assets.

Who may use a small succession affidavit?

• Heirs, the surviving spouse, or other persons entitled to the decedent’s movable property under Louisiana law.
• Only when the estate facts meet the eligibility rules in Louisiana law (type of property, value limits, and absence of a previously opened succession). Confirm the exact eligibility language and monetary threshold in the Code of Civil Procedure; those rules are subject to change and local practice varies. (Search Louisiana law: https://www.legis.la.gov/.)

What property can be transferred by affidavit?

Generally, a small succession affidavit is used to collect and transfer movable property (personal property) — bank accounts, vehicles (subject to title transfer rules), household goods, personal effects, some business interests, and wages owed to the decedent. Immovable property (real estate) usually requires a formal succession proceeding or a notarial act complying with succession law; check the Code of Civil Procedure for exceptions and any rules that allow transfer of small immovables under limited conditions.

Step-by-step: How to prepare and submit an affidavit accounting for personal property

1. Confirm eligibility. Verify that the estate’s assets and circumstances make a small succession affidavit appropriate. Check the Louisiana Code of Civil Procedure and local parish guidance (use the legislature site: https://www.legis.la.gov/).
2. Gather documents. Typical documents you will need:
   • Certified copy of the decedent’s death certificate.
   • Identification for the person signing the affidavit (ID/passport).
   • Proof of heirship or relationship (family records, marriage certificate, wills if any).
   • Bank statements, account numbers, vehicle titles, bills of sale, recent pay stubs, statements that show the movable assets and their approximate values.
3. Prepare the affidavit content. The affidavit should be sworn and contain, at minimum:
   • Full name of the decedent and date/place of death.
   • Name, address, and relationship of the affiant to the decedent (and that the affiant is entitled to the property claimed).
   • Statement that no previous succession administration has been opened for the decedent in Louisiana (or identify any proceeding if one exists).
   • Itemized accounting of the movable property being claimed with estimated values (bank accounts by institution and last 4 digits, vehicle descriptions and VINs, household items of note, etc.).
   • Statement regarding claims of creditors and whether any creditor proceedings exist to the affiant’s knowledge; a clear statement that the affiant understands liabilities may need to be paid from estate assets.
   • Oath language and the affiant’s signature before a notary public or other authorized official.
4. Execute the affidavit. Sign the affidavit in front of a notary public or other official authorized to administer oaths in Louisiana. Some institutions will accept an affidavit sworn before a parish clerk or a notary; banks sometimes want additional documentation or a court order if they have concerns.
5. File or present the affidavit. Depending on the asset:
   • To collect bank accounts: present the affidavit and required ID to the bank; the bank may have its own form and procedures.
   • To transfer vehicle titles: present the affidavit, death certificate, and title to the Office of Motor Vehicles (or local tag agency) and follow their transfer process.
   • To place a record with the court: check with the parish clerk of court where the decedent lived about filing the affidavit or recording a notation that a small succession affidavit was used.
6. Address creditors and potential claims. Filing or presenting a small succession affidavit does not eliminate creditor rights. If creditors file proven claims, you may need to use estate assets to pay them. If creditors or other heirs dispute entitlement, you may have to open a formal succession in court.
7. Keep careful records. Keep copies of everything you file or deliver and notes of whom you spoke with at banks, motor vehicles, or other institutions. Record dates and any written responses.
8. When to open a formal succession instead. If there are disputed claims, real estate, business interests that require partition, large debts, or unclear heirship, open a formal succession proceeding. A formal succession provides court supervision and protects the affiant from personal liability for unpaid estate obligations when done under court order.

Sample checklist of items to include in the affidavit

• Affiant’s name, address, phone, and relationship to decedent.
• Decedent’s name, date/place of death, last domicile (parish).
• Affirmation that no succession has been opened (or identify any court matters).
• Itemized list of movables with estimated values.
• Declaration about known debts/creditors and funeral expenses.
• Statement of entitlement (why the affiant has right to collect).
• Notary block and signature with date.

Where to file or whom to contact

Start with the parish clerk of court in the parish where the decedent was domiciled. For statutory language and exact procedural rules, consult the Louisiana Code of Civil Procedure (search at the official Louisiana Legislature site: https://www.legis.la.gov/).

Practical examples (hypothetical)

Example A: A sole heir—Jane is the decedent’s adult child and the decedent owned one bank account (movables), a car, and household goods. Jane prepares a sworn small succession affidavit listing the account, the car (VIN), and household goods, signs before a notary, and presents the document and the death certificate to the bank and the motor vehicle office to collect the funds and transfer the car title.

Example B: There is real estate—Bob is the decedent’s heir but the decedent owned a house. Bob cannot clear title to the house with a small succession affidavit alone; he must open a formal succession or use a notarial process appropriate for immovable property under Louisiana law.

Common pitfalls and how to avoid them

• Assuming banks must release funds: banks may have internal policies and will often require more documentation or a court order.
• Not accounting for creditors: releasing assets without considering debts can create personal liability risks.
• Misclassifying immovable property as movable: attempt to transfer real estate without proper court or notarial steps can lead to rejected transfers.

Helpful Hints

• Confirm the current small succession monetary threshold and eligibility rules on the Louisiana Legislature website: https://www.legis.la.gov/.
• Obtain multiple certified copies of the death certificate early—institutions commonly require original certified copies.
• Keep detailed, dated records of all communications with banks, DMV, and other institutions.
• If a bank or other payor refuses to release funds, ask for a written explanation and consider filing the affidavit with the parish clerk and/or contacting an attorney to obtain a court order if necessary.
• If multiple heirs exist, get written agreement among heirs when possible before collecting and distributing assets to avoid disputes and potential litigation.
• If there are possible federal or state tax issues or business interests, consult an attorney or tax advisor before distributing assets.
• When in doubt about eligibility or risk of creditor claims or disputes, open a formal succession and use the court process to protect yourself.

Where to find the law: The Louisiana Code of Civil Procedure and other relevant statutes and rules govern small successions. For the official text and any updates, search the Louisiana Legislature’s site: https://www.legis.la.gov/.

Disclaimer: This article explains general principles of Louisiana succession practice and is not legal advice. It does not create an attorney-client relationship. Rules and monetary thresholds change. For help applying the law to specific facts, consult a licensed Louisiana attorney or the parish clerk of court.