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Affidavit of Small Succession - Louisiana
Louisiana Small Estate Affidavit Form: What Is It?
A Louisiana Small Estate Affidavit refers to a written statement prepared by the legal heirs of the deceased individual in order to skip the lengthy probate procedure.
Alternate Name:
- Affidavit of Small Succession.
As long as the judicial proceeding is not required and the estate owner died without leaving a last will and testament, individuals that are supposed to inherit the estate of the person that passed away are allowed to file an affidavit listing all the heirs and explaining what items they have a right to receive. This procedure is preferable to judicial administration allowing the heirs to get access to the estate quicker and with minimal expenses whether they draft the affidavit on their own or hire a legal professional to assist with the estate settlement.
A fillable Louisiana Small Estate Affidavit can be downloaded below.
How to File a Small Estate Affidavit in Louisiana?
Here you can see the guidelines to follow if you are planning to complete and submit a Louisiana Small Estate Affidavit Form:
- There are several state-specific regulations you have to adhere to if you choose to assert your rights to the estate without probate: the estate cannot exceed $125.000, you have waited 90 days before submitting the documentation if real estate is involved, the public sale has to be announced to sell the assets within 15 days, and the affidavit has to bear a notary seal. Besides, a copy of the death certificate must be attached to the affidavit.
- Prepare the affidavit. You need to indicate the name of the individual whose estate is at stake and their date of death, state the names of two affiants (for instance, a spouse and another adult heir), record the estate owner's last address and marital status, enter the names of all the known heirs, their contact details, and the assets they are entitled to, describe the valuable items and specify their amount, and sign the document before a notary public.
- File the documentation at the local court - make sure you select a correct judicial district which must correspond to the deceased person's last residential address. While you are allowed to file as soon as 90 days are over, do not wait too long - the assets will not be transferred to new owners without the court's approval.
Download Affidavit of Small Succession - Louisiana
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