Affidavit Of Small Succession

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Affidavit Of Small Succession is a commonly used form within Louisiana. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Affidavit Of Small Succession

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit Of Small Succession:

• This form pertains to the State of Louisiana

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Louisiana’s Form Affidavit Of Small Succession up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Louisiana form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Louisiana probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Affidavit Of Small Succession, take a break, and then review. Probate and estate settlement processes in LA are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Affidavit Of Small Succession online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Affidavit Of Small Succession to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Louisiana.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Louisiana can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Louisiana. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Louisiana is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Louisiana probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Louisiana probate clerk or court for exact answers regarding Form Affidavit Of Small Succession, and when in doubt— consult a qualified trust & estates lawyer for that area.

Affidavit Of Small Succession is one of the many probate court forms available for download through Atticus.

It may also be available through some Louisiana probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Louisiana.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Affidavit Of Small Succession f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Louisiana probate court office.

Affidavit Of Small Succession is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Louisiana-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Louisiana Form Affidavit Of Small Succession. You can use this to get an idea of the context of the form and what type of information is needed.

1 AFFIDAVIT OF SMALL SUCCESSION OF (hereinafter referred to as “Deceased”) STATE OF PARISH/COUNTY OF On this day of , 20 , BEFORE ME, the undersigned notary public, personally came and appeared: 1 Affiant 1 AND Affiant 2 (hereinafter collectively and individually referred to as “Affiant”) both of whom are of full age of majority, who, after being duly sworn, did depose and say that: (1) Affiant 1 is (the surviving spouse and/or a major heir) in relation to the Deceased. Affiant 2 is (a major heir) (or third party knowledgeable of the facts stated herein) in relation to the Deceased. (2) The Deceased died on the day of , . A certified 1 At least two persons should be affiants. The surviving spouse, if any, must be a party to this affidavit. The surviving spouse must be joined by at least one major heir. If there is no surviving spouse, two major heirs may fill out this form. If there is only one major heir and no surviving spouse, this affidavit must also be signed by a second person who has actual knowledge of the matters stated herein. A “major heir” is an heir of the deceased who is at least eighteen years of age. In addition, a natural tutor may execute this affidavit on behalf of a minor child without the necessity of a judicial appointment or court order. The attorney should make a diligent effort to get all major heirs to sign this affidavit. 2 copy of the Deceased’s certificate of death is attached hereto. 2 (3) The Deceased’s domicile at the time of death was: (4) The Deceased died intestate. (5) The marital status of the Deceased at the time of death was: single , married , widow(er) . (hereinafter insert marital history of the Deceased) (6) The surviving spouse’s current domicile is: (7) The names, relationship to the Deceased, and last known addresses of all of the heirs of the Deceased and the percentage of inheritance to which they are entitled: 3 (a) (b) (c) (d) 2 If the deceased owned immovable property, this affidavit cannot be filed until ninety days has elapsed from the date of death. If filed too soon, it will not be effective until ninety days have elapsed. Act 323 amended La. Code Civ. Proc. Ann. Art. 3432 to eliminate the need for witnesses. 3 If more than six, please attach a supplementary list. At this point it may be appropriate to note whether decedent’s parents survived decedent and whether decedent ever adopted children or was adopted. Also note whether heirs are over 23 years of age, and their mental and/or physical disabilities. 3 (e) (f) (8) Any heir not signing this Affidavit either (i) could not be located after the exercise of reasonable diligence, or (2) was given ten days notice by U.S. mail of Affiant’s intent to execute this “Affidavit for Small Succession” and did not object. (9) The properties owned by the Deceased at the time of death, both movable and immovable, are more particularly described below: [Herein insert full legal description of all movable and immovable property, show the value of each item, and include whether property is separate or community and whether it is subject to a usufruct] 4 (10) The aggregate value of the above described property (ies) (located in Louisiana) at the time of the Deceased’s death was less than $125,000.00 [This monetary limitation is not applicable if the death was over twenty-five years ago]. (11) The above properties, (under the intestacy laws of the State of Louisiana,) (under a valid Judgment of another state entitled to full faith and credit) (cross out one) are owned by , , and (in undivided interests if more than one heir). (12) There is no need for an administration of this estate. [Alternatively: This estate was fully administered by _, a Court of Competent Jurisdiction without Louisiana.] (13) Affiant understands and affirms under penalty of perjury that if Affiant is an heir, 4 Insert (A) property description (B) whether the property is separate or community property, (C) whether a legal usufruct of the surviving spouse attaches to the property, (D) the value of the property, (E) a listing of the heirs and their respective proportionate shares of the property. 4 Affiant accepts the succession of the deceased, including the Deceased’s debts. Affiant further acknowledges and affirms under penalty of perjury that Affiant executes this document after having read the document line-by-line, that Affiant understands the legal significance of this document, that the information contained in this Affidavit is true, correct and complete to the best of Affiant’s knowledge, information, and belief, and that Affiant executes this document knowingly, freely and voluntarily and without any coercion or reservation whatsoever. (14) Affiant understands that Article 3434 of the LA Code of Civil Procedure (1) instructs all banks, financial institutions, trust companies, warehousemen or other depository, or any person having property in his possession or under his control, upon receipt of a multiple original of this Affidavit, to pay or deliver any money or property of the deceased, as more particularly described herein, to the heirs of the deceased and the surviving spouse, if any, in the percentages listed herein; (2) instructs any domestic or foreign corporation, and the transfer agent for such corporation, upon receipt of a multiple original of this Affidavit, to transfer any stock or registered bonds in the name of the deceased and described herein, to the heirs of the deceased and surviving spouse, if any, in the percentages listed herein; and (3) provides that receipt of such money or property by the heir(s) named herein constitutes a full release and discharge of the payor for the payment of money or delivery of property made under the provisions of said Article 3434. (15) The making of or swearing to a false affidavit is punishable by civil and criminal penalties under Louisiana law. Thus done and passed in , Louisiana, this day of , 20 . 5 Affiant 1 5 Affiant 2 NOTARY PUBLIC PRINT NAME: LA BAR/NOTARY/Id.No. 5 LA. CODE OF CIV. PROC. ANN. art. 3432(B) provides that if the deceased had no surviving spouse, the affidavit must be signed by at least two heirs. If the deceased had no surviving spouse and only one heir, the affidavit must also be signed by a second person who has actual knowledge of the matters stated herein, and LA. CODE OF CIV. PROC. ANN. art. 3432(C) provides that in addition to the powers of a natural tutor otherwise provided by law, a natural tutor may also execute the affidavit on behalf of a minor child without the necessity of filing a petition pursuant to Article 4061. Form made fillable by eForms.