Disclaimer: This article provides educational information and does not constitute legal advice.
Detailed Answer
In Louisiana, a small estate (or small succession) affidavit lets heirs transfer estate assets without formal probate when the total value does not exceed $125,000, excluding certain exempt property. This streamlined process is governed by La. C.C.P. art. 3071 and the affidavit requirements are detailed in La. C.C.P. art. 3074.
To complete a small estate affidavit, you generally need the following documents:
- Certified Death Certificate: Obtain at least one certified copy from the register of vital records.
- Small Succession Affidavit Form: Prepare and sign the affidavit according to La. C.C.P. art. 3074. Have it notarized.
- Inventory of Assets: List all separate and community assets belonging to the decedent, with estimated fair market values.
- Proof of Ownership: Include property deeds, vehicle titles, bank and brokerage statements, life insurance policies and other certificates.
- Heirship Evidence: Certified copies of birth, marriage or adoption records showing relationship to the decedent. If needed, an affidavit of heirship may suffice.
- Identification for Signatories: Valid government-issued IDs (e.g., driver’s license) for each heir or affiant.
- Debt and Lien Information: Documents showing any mortgages, liens or judgments against estate assets, plus release statements if available.
- Filing Fee: Check or money order for the parish clerk’s office fee, which varies by parish.
Helpful Hints
- Confirm the total estate value stays under $125,000 to qualify for a small succession.
- Use certified copies where possible; uncertified copies may be rejected.
- Retain originals for your records and file only the required number of copies with the court.
- Double-check parish clerk requirements, as fees and local rules vary.
- Consult an attorney if complex assets (e.g., mineral interests) or disputes arise.