Detailed Answer
In Louisiana, you use an heirship affidavit to establish who inherits when someone dies without a formal will or small estate. Louisiana Revised Statutes §§ 9:2441–2444 set the rules. The affidavit names heirs, describes relationships, and lists property.
Key statute requirements:
- La. R.S. 9:2441: Defines when you may use an heirship affidavit. Read § 9:2441.
- La. R.S. 9:2442: Lists information you must include, such as decedent’s identity, date of death, and family tree. Read § 9:2442.
- La. R.S. 9:2444: Requires filing with the parish recorder or mortgage office. Read § 9:2444.
Steps to prepare an heirship affidavit:
- Gather evidence of death and family ties. Collect the decedent’s death certificate, marriage records, birth certificates, and any prior wills or trust documents.
- Identify all heirs. List all surviving spouses, children (including adopted), parents, siblings, and more distant relatives if closer heirs are absent.
- Draft the affidavit. State: “I, [Affiant Name], declare under oath that…” Include decedent’s name, date of death, last domicile, and a table of heirs with full names, ages, and relationships.
- Swear before a notary. The affiant and two disinterested witnesses must sign in front of a notary public. Witnesses should know the family history and have no personal stake in the estate.
- File with the parish recorder. Submit the notarized affidavit to the clerk of court or mortgage office in the parish where the property lies. Pay any recording fees as required by local rules.
- Use in title transfers. After recordation, present certified copies to banks, land registries, or insurers to transfer assets and real estate into heirs’ names.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Double-check all names for spelling and consistency with official records.
- Include middle names and suffixes to avoid confusion.
- Provide clear property descriptions if real estate is involved.
- Keep copies of all filings and certified records for your files.
- Consider hiring an attorney if the estate involves complex assets or disputes.