La. Code Civ. Proc. art. 3432.1

Current with changes from the 2024 legislative session effective on or before 7/1/2024, from Acts 1-3, 6-671

Section 3432.1 - [Effective 8/1/2024] Affidavit for small succession for a person domiciled in Louisiana who died testate; contents

A. When it is not necessary in accordance with the provisions of Article 3431 to open judicially a small succession, all of the heirs and legatees of the deceased , including the surviving spouse, if any, may execute one or more multiple originals of an affidavit, duly sworn before any officer or person authorized to administer oaths in the place where the affidavit is executed, setting forth all of the following:

(1) The date of death of the deceased, and his domicile at the time thereof.

(2) The fact that the deceased died testate.

(3) The marital status of the deceased, the location of the last residence of the deceased, and the name of the surviving spouse, if any, and the surviving spouse's address, domicile, and location of last residence, together with the names and last known addresses of the heirs of the deceased, and identifying those of the heirs who are also forced heirs of the deceased.

(4) The names and last known addresses of the legatees of the deceased.

(5) A description of the movable property left by the deceased, including whether the property is community or separate, and an affirmation that the deceased died owning no immovable property in Louisiana .

(6) A showing of the value of each item of property subject to the jurisdiction of the courts of Louisiana, and the aggregate value of the property, at the time of the death of the deceased.

(7) A statement describing the respective interests in the property that each legatee has inherited and whether a usufruct of the surviving spouse attaches to the property.

(8) An attachment consisting of a copy of the testament .

(9) An affirmation that, by signing the affidavit, the affiant, if a legatee, has accepted the legacy of the deceased.

(10) An affirmation that, by signing the affidavit, each affiant expressly waives any right to challenge the validity of the testament or any of its provisions.

(11) An affirmation that, by signing the affidavit, the affiants swear under penalty of perjury that the information contained in the affidavit is true, correct, and complete to the best of their knowledge, information, and belief.

In addition to the powers of a natural tutor or curator 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, and a curator may also execute the affidavit on behalf of an interdict without the necessity of court authorization .

La. C.P. § 3432.1

Acts 2012, No. 618, §1, eff. June 7, 2012; Acts 2020, No. 173, §1.

Amended by Acts 2024, No. 90,s. 1, eff. 8/1/2024.

Amended by Acts 2020, No. 173,s. 1, eff. 8/1/2020.

Acts 2012, No. 618, §1, eff. 6/7/2012.

This section is set out more than once due to postponed, multiple, or conflicting amendments.