Detailed Answer

Under Louisiana law, an heir who wants to direct distribution of proceeds from the sale of immovable property must execute specific documents. These forms ensure clear title, verify heirship, authorize sale, and confirm receipt of funds. Below is an overview of the key authorization forms and when each applies.

1. Acte de Notoriété (Notarial Certificate of Heirship)

The Acte de Notoriété is a notarial act that identifies all heirs and their respective shares. It serves as prima facie evidence of heirship, allowing a purchaser or court to verify successors without full probate. A notary prepares this document after gathering testimony and proof of family relationships.

Key points:

• Notarized by a Louisiana notary public.
• Lists decedent’s name, date of death, marriage history, and each heir’s relationship.
• References Louisiana Civil Code art. 1003 et seq. on succession rights.

2. Affidavit of Heirship (CCP art. 3146)

If the estate isn’t under judicial administration and all heirs agree, they can file an Affidavit of Heirship under Louisiana Code of Civil Procedure article 3146. This sworn statement, recorded in real estate records, confirms heirship and chains title from the decedent to the heirs.

Link to statute: La. C.C.P. art. 3146.

3. Consent to Sale or Partition

To sell estate property, Louisiana law generally requires either:

• Judicial Sale (Partition by Licitation): Heirs file a petition in probate court. After court approval, property is sold at public auction. Each heir signs a Written Consent to Sale or submits an affidavit consenting in open court.
• Extrajudicial Partition: When all heirs agree, they sign a notarial Partition Agreement under Civil Code arts. 773–794, choosing to divide or sell. If they choose sale, they include a clause appointing one heir or third party to close the transaction and direct distribution.

Link to partition statutes: La. C.C. art. 773 and La. C.C. art. 782.

4. Receipt and Discharge (Acte de Quitus)

After the sale, the registry of the court or notary holds proceeds until heirs claim their shares. Each heir signs a Receipt and Discharge (commonly called an acte de quitus) acknowledging they’ve received their distribution. This release protects the representative or co-owners from future claims.

Typical content of a Receipt and Discharge:

• Date of disbursement
• Amount paid to each heir
• Reference to court order or partition act
• Heir’s signature and notarization

Sequence of Forms in a Judicial Succession

1. File petition to open succession (judge issues appointment of representative).
2. Heirs execute Acte de Notoriété or file Affidavit of Heirship.
3. Representative petitions court to authorize sale; heirs consent.
4. Sale at licitation; proceeds deposited into registry.
5. Heirs sign Receipt and Discharge to collect their shares.

Helpful Hints

• Work with a Louisiana notary or succession attorney to prepare the Acte de Notoriété and partition agreements.
• Use the Affidavit of Heirship only when there’s no pending court administration and all heirs agree.
• Review the court order authorizing sale to ensure you’ve met any special conditions (e.g., appraisals, notices).
• Confirm your proportional share before signing the Receipt and Discharge.
• Keep certified copies of all documents for tax filings and title clearance.