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Regular Session, 2011
SENATE BILL NO. 22
BY SENATOR MURRAY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SUCCESSIONS. Provides relative to small succession procedures and effects. (gov sig)
AN ACT1
To amend and reenact Code of Civil Procedure Articles 3421, 3431, 3432 and 3434, relative2
to successions; to provide relative to small successions; to provide certain3
definitions, terms, procedures, conditions, requirements, and effects; to provide for4
conveyance of certain ownership interest in immovable property by a small5
succession; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Civil Procedure Articles 3421, 3431, 3432 and 3434 are hereby8
amended and reenacted to read as follows: 9
Art. 3421. Small successions defined 10
A small succession, within the meaning of this Title, is the succession of a11
person who dies leaving property in Louisiana having a gross value of fifty thousand12
dollars or less. On and after January 1, 2010, a small succession, within the meaning13
of this Title, is the succession of a person who dies leaving property in Louisiana, the14
deceased's interest in which has a gross value of seventy-five thousand dollars or15
less. A small succession, within the meaning of this Title, is the succession or the16
ancillary succession of a person who has died at any time, leaving property in17 SB NO. 22
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Louisiana having a gross value of seventy-five thousand dollars or less valued1
as of the date of death.2
* * *3
Art. 3431. Small successions; judicial opening unnecessary4
A. It shall not be necessary to open judicially the small succession of a person5
domiciled in Louisiana who died intestate, or domiciled outside of Louisiana6
whose testament has been probated by court order of another state who died7
intestate leaving no immovable property, other than an ownership interest in small8
succession immovable property as defined in Paragraph D, and whose sole heirs are9
the following:10
(1) His descendants.11
(2) His ascendants.12
(3) His brothers or sisters, or descendants thereof.13
(4) His surviving spouse.14
(5) His legatees under a testament probated by court order of another15
state.16
B. Any person appointed as public administrator by the governor may use the17
affidavit procedure of this Chapter to take possession of the estate of the deceased18
for transmittal to the state provided there is no surviving spouse or other heir present19
or represented in the state and provided that the estate does not include any20
immovable property, other than small succession immovable property, and provided21
he has advertised one time in the official journal of the parish where a succession22
would have been opened under Article 2811, and verifies that he has received no23
notice of opposition.24
C. The legal notice required in Paragraph B of this Article shall read as25
follows:26
"Notice is hereby given to any heirs or creditors of __________ that27
_________, Public Administrator for the parish of _______________, intends to28
administer the intestate succession of __________________, under the provisions29 SB NO. 22
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of Small Successions as set forth in Chapter 2 of Title V of Book VI of the Code of1
Civil Procedure.2
Anyone having an objection to such administration of the succession should3
notify ________________ at _________________________________."4
D. As used in this Chapter, "small succession immovable property" means5
(1) immovable property, comprised of a single lot or contiguous lots, on which is6
situated a single building that, together with any ancillary buildings, contains not7
more than four dwelling units, each of which has its primary use as a residence, and8
in a portion of which either the deceased or the surviving spouse resided or a portion9
of which was the last place of residence of either the deceased or the surviving10
spouse if neither the deceased nor the surviving spouse was residing in that residence11
on the date of death because of illness, incapacity, natural disaster or destruction; or12
(2) any cemetery spaces.13
Art. 3432. Affidavit for small succession; contents14
A. When it is not necessary under the provisions of Article 3431 to open15
judicially a small succession, at least two persons, including the surviving spouse,16
if any, and one or more competent major heirs of the deceased, may execute one or17
more multiple originals of an affidavit, duly sworn to and acknowledged before any18
officer or person authorized to administer oaths in the place where the affidavit is19
executed, setting forth:20
(1) The date of death of the deceased, and his domicile at the time thereof;21
(2) The fact that the deceased died intestate;22
(3) The marital status of the deceased, the location of the last residence of23
the deceased, and the name of the surviving spouse, if any, and the surviving24
spouse's address, domicile, and location of last residence;25
(4) The names and last known addresses of the heirs of the deceased, their26
relationship to the deceased, and the statement that an heir not signing the affidavit27
(a) cannot be located after the exercise of reasonable diligence, or (b) was given ten28
days notice by U.S. mail of the affiants' intent to execute an affidavit for small29 SB NO. 22
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succession and did not object;1
(5) The fact that the deceased left no immovable property other than small2
succession immovable property;3
(6) (5) A description of the property left by the deceased, including whether4
the property is community or separate, and which in the case of immovable property5
must be sufficient to identify the property for purposes of transfer;6
(7) (6) A showing of the value of each item of property, and the aggregate7
value of all such property, at the time of the death of the deceased;8
(8) (7) A statement describing the respective interests in the property which9
each heir has inherited and whether a legal usufruct of the surviving spouse attaches10
to the property;11
(8) An attachment consisting of certified copies of the testament and the12
probate order of another state, if the affidavit is being used in lieu of an13
ancillary probate proceeding.14
(9) An affirmation that, by signing the affidavit, the affiant, if an heir, has15
accepted the succession of the deceased; and16
(10) An affirmation that, by signing the affidavit, the affiants swear under17
penalty of perjury that the information contained in the affidavit is true, correct and18
complete to the best of their knowledge, information, and belief.19
B. If the deceased had no surviving spouse, the affidavit must be signed by20
at least two heirs. If the deceased had no surviving spouse and only one heir, the21
affidavit must also be signed by a second person who has actual knowledge of the22
matters stated therein.23
C. In addition to the powers of a natural tutor otherwise provided by law, a24
natural tutor may also execute the affidavit on behalf of a minor child without the25
necessity of filing a petition pursuant to Article 4061.26
* * *27
Art. 3434. Endorsed copy of affidavit authority for delivery of property28
A. A multiple original of the affidavit authorized by Article 3432, shall be29 SB NO. 22
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full and sufficient authority for the payment or delivery of any money or property of1
the deceased described in the affidavit to the heirs of the deceased and the surviving2
spouse in community, if any, in the percentages listed therein, by any bank, financial3
institution, trust company, warehouseman, or other depositary, or by any person4
having such property in his possession or under his control. Similarly, a multiple5
original of an affidavit satisfying the requirements of this Article shall be full and6
sufficient authority for the transfer to the heirs of the deceased, and surviving spouse7
in community, if any, or to their assigns, of any stock or registered bonds in the name8
of the deceased and described in the affidavit, by any domestic or foreign9
corporation.10
B. The receipt of the persons named in the affidavit as heirs of the deceased,11
or surviving spouse in community thereof, constitutes a full release and discharge for12
the payment of money or delivery of property made under the provisions of this13
Article. Any creditor, heir, succession representative, or other person whatsoever14
shall have no right or cause of action against the person paying the money, or15
delivering the property, or transferring the stock or bonds, under the provisions of16
this Article, on account of such payment, delivery, or transfer.17
C.(1) A multiple original of the affidavit, to which has been attached a18
certified copy of the deceased's death certificate, shall be recorded in the conveyance19
records in the office of the clerk of court in the parish where any small succession20
immovable property described therein is situated, after at least ninety days have21
elapsed from the date of the deceased's death.22
(2) An affidavit so recorded, or a certified copy thereof, shall be admissible23
as evidence in any action involving small succession immovable property to which24
it relates or is affected by the instrument, and shall be prima facie evidence of the25
facts stated therein, including the relationship to the deceased of the parties26
recognized as heir, surviving spouse in community or usufructuary as the case may27
be, and of their rights in the small succession immovable property of the deceased.28
(3) An action by a person, who claims to be a successor of a deceased person29 SB NO. 22
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but who has not been recognized as such in an affidavit authorized by Article 3432,1
to assert an interest in small succession immovable property formerly owned by the2
deceased, against a third person who has acquired an interest in the small succession3
immovable property, or against his successors by onerous title, is prescribed in two4
years from the date of the recording of the affidavit in accordance with this5
Paragraph.6
Section 2. The provisions of this Act are not intended to establish any necessity to7
open a succession judicially which does not qualify as a small succession.8
Section 3. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry G. Jones.
DIGEST
Murray (SB 22)
Present law in Code of Civil Procedure defines "small succession" as the succession of a
person who dies leaving property in Louisiana having a gross value of $50K or less. On and
after January 1, 2010, a small succession is the succession of a person who dies leaving
property in Louisiana, the deceased's interest in which has a gross value of $75K or less.
Proposed law defines "small succession" as the succession or the ancillary succession of a
person who has died at any time, leaving property in Louisiana having a gross value of $75K
or less valued as of the date of death.
Present law provides that judicial opening of a small succession is not necessary for a person
who died intestate leaving no immovable property, other than an ownership interest in small
succession immovable property, and whose sole heirs are the following:
(1)His descendants.
(2)His ascendants.
(3)His brothers or sisters, or descendants thereof.
(4)His surviving spouse.
Defines "small succession immovable property" as (1) immovable property, comprised of
a single lot or contiguous lots, on which is situated a single building that, together with any
ancillary buildings, contains not more than four dwelling units, each of which has its primary
use as a residence, and in a portion of which either the deceased or the surviving spouse SB NO. 22
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resided or a portion of which was the last place of residence of either the deceased or the
surviving spouse if neither the deceased nor the surviving spouse was residing in that
residence on the date of death because of illness, incapacity, natural disaster or destruction;
or (2) any cemetery spaces.
Proposed law deletes definition of "small succession property" and provides that judicial
opening of a small succession is not necessary of a person domiciled in Louisiana who died
intestate, or domiciled outside of Louisiana whose testament has been probated by court
order of another state, and whose sole heirs are the following:
(1)His descendants.
(2)His ascendants.
(3)His brothers or sisters, or descendants thereof.
(4)His surviving spouse.
(5)His legatees under a testament probated by court order of another state.
Present law provides contents of small succession affidavit, including the fact that the
deceased left no immovable property other than small succession immovable property.
Proposed law deletes this requirement, and adds requirement of an attachment consisting of
certified copies of the testament and the probate order of another state, if the affidavit is
being used in lieu of an ancillary probate proceeding.
Proposed law also changes references from "small succession immovable property" to
"immovable property" in provisions setting forth requirements for delivery of property.
Present law provides that an action by a person, who claims to be a successor of a deceased
person but who has not been recognized as such in an affidavit, to assert an interest in small
succession immovable property formerly owned by the deceased, against a third person who
has acquired an interest in the small succession immovable property, or against his
successors by onerous title, is prescribed in two years from the date of the recording of the
affidavit.
Proposed law provides that an action by a person, who claims to be a successor of a deceased
person but who has not been recognized as such in an affidavit, to assert an interest in
property formerly owned by the deceased, against a third person who has acquired an
interest in the property, or against his successors by onerous title, is prescribed in two years
from the date of the recording of the affidavit.
Proposed law provides that its provisions are not intended to establish any necessity to open
a succession judicially which does not qualify as a small succession.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends C.C.P. Arts. 3421, 3431, 3432 and 3434)