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Regular Session, 2011 ENROLLED
SENATE BILL NO. 22
BY SENATOR MURRAY AND REPRESENTATI VE WILLMOTT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact Code of Civil Procedure Articles 3421, 3431(A)(introductory2
paragraph) and (5) and (B), 3432(A)(introductory paragraph) and (5) through (8),3
and 3434(C), to enact Code of Civil Procedure Article 3422.1, and to repeal Code4
of Civil Procedure Article 3431(D), relative to successions; to provide relative to5
small successions; to provide certain definitions, terms, procedures, conditions,6
requirements, and effects; to provide relative to certain immovable property; to7
provide for conveyanc e of certain ownership interest in immovable property by a8
small succession; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. Code of Civil Procedure Articles 3421, 3431(A)(introductory paragraph)11
and (5) and (B), 3432(A)(introductory paragraph) and (5) through (8), and 3434(C) are12
hereby amended and reenacted, and Code of Civil Procedure Article 3422.1 is hereby13
enacted, to read as follows: 14
Art. 3421. Small successions defined 15
A small succession, within the meaning of this Title, is the succession of a16
person who dies leaving property in Louisiana having a gross value of fifty thousand17
dollars or less. On and after January 1, 2010, a small succession, within the meaning18
of this Title, is the succession of a person who dies leaving property in Louisiana, the19
deceased's interest in which has a gross value of seventy-five thousand dollars or20
less. A small succession, within the meaning of this Title, is the succession or the21
ancillary succession of a person who has died at any time, leaving property in22
Louisiana having a gross value of seventy-five thousand dollars or less valued23
as of the date of death.24 SB NO. 22 ENROLLED
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* * *1
Art. 3422.1. Small succession immovable property damaged by disaster or2
catastrophe3
A. The provisions of this Article shall apply to immovable property,4
subject to a small succession proceeding, that is damaged by a disaster or5
catastrophe for which a declaration of emergency or federal declaration of6
disaster or emergency was issued.7
B. In the absence of a written agreement between co-owners for the use8
and management of such immovable recorded in the mortgage records for the9
parish in which the immovable is situated, any public entity or agent of such10
entity may conclusively presume that a co-owner in possession of the immovable11
for more than one year has been appointed by all co-owners to manage,12
administer, repair, reconstruct, and restore the immovable, and to receive,13
disperse and account for funds given to him by the public entity solely for the14
purposes of such repair, reconstruction, and restoration.15
C. The power of the managing co-owner shall include the power to16
execute mortgages to secure funds not exceeding the amount necessary to17
repair, reconstruct, and restore the immovable, and also to encumber the18
immovable with such restrictions as may be required by the public entity,19
without the need to obtain the concurrence of all co-owners.20
D. Possession of the immovable by the managing co-owner shall continue21
during any period the managing co-owner has been forced to leave the22
immovable due to fire, hurricane, flood, or other disaster or catastrophe.23
E. The management of the immovable by the co-owner shall be subject24
to the laws of negotiorum gestio and mandate applicable to co-owners. However,25
the provisions of this Article shall control to the extent of any conflict.26
F. It is the intent of the legislature that the provisions of this Article be27
liberally construed to allow the maximum possible repair, reconstruction, and28
restoration of immovable property in this state, subject to a small succession29
proceeding, that has been damaged by disaster or catastrophe.30 SB NO. 22 ENROLLED
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G. The provisions of this Article shall expire on January 1, 2013.1
* * *2
Art. 3431. Small successions; judicial opening unnecessary3
A. It shall not be necessary to open judicially the small succession of a person4
domiciled in Louisiana who died intestate, or domiciled outside of Louisiana5
whose testament has been probated by court order of another state who died6
intestate leaving no immovable property, other than an ownership interest in small7
succession immovable property as defined in Paragraph D, and whose sole heirs are8
the following:9
* * *10
(5) His legatees under a testament probated by court order of another11
state.12
B. Any person appointed as public administrator by the governor may use the13
affidavit procedure of this Chapter to take possession of the estate of the deceased14
for transmittal to the state provided there is no surviving spouse or other heir present15
or represented in the state and provided that the estate does not include any16
immovable property, other than small succession immovable property, and provided17
he has advertised one time in the official journal of the parish where a succession18
would have been opened under Article 2811, and verifies that he has received no19
notice of opposition.20
* * *21
Art. 3432. Affidavit for small succession; contents22
A. When it is not necessary under the provisions of Article 3431 to open23
judicially a small succession, at least two persons, including the surviving spouse,24
if any, and one or more competent major heirs of the deceased, may execute one or25
more multiple originals of an affidavit, duly sworn to and acknowledged before any26
officer or person authorized to administer oaths in the place where the affidavit is27
executed, setting forth:28
* * *29
(5) The fact that the deceased left no immovable property other than small30 SB NO. 22 ENROLLED
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succession immovable property;1
(6) (5) A description of the property left by the deceased, including whether2
the property is community or separate, and which in the case of immovable property3
must be sufficient to identify the property for purposes of transfer;4
(7) (6) A showing of the value of each item of property, and the aggregate5
value of all such property, at the time of the death of the deceased;6
(8) (7) A statement describing the respective interests in the property which7
each heir has inherited and whether a legal usufruct of the surviving spouse attaches8
to the property;9
(8) An attachment consisting of certified copies of the testament and the10
probate order of another state, if the affidavit is being used in lieu of an11
ancillary probate proceeding.12
* * *13
Art. 3434. Endorsed copy of affidavit authority for delivery of property14
* * *15
C.(1) A multiple original of the affidavit, to which has been attached a16
certified copy of the deceased's death certificate, shall be recorded in the conveyance17
records in the office of the clerk of court in the parish where any small succession18
immovable property described therein is situated, after at least ninety days have19
elapsed from the date of the deceased's death.20
(2) An affidavit so recorded, or a certified copy thereof, shall be admissible21
as evidence in any action involving small succession immovable property to which22
it relates or is affected by the instrument, and shall be prima facie evidence of the23
facts stated therein, including the relationship to the deceased of the parties24
recognized as heir, surviving spouse in community or usufructuary as the case may25
be, and of their rights in the small succession immovable property of the deceased.26
(3) An action by a person, who claims to be a successor of a deceased person27
but who has not been recognized as such in an affidavit authorized by Article 3432,28
to assert an interest in small succession immovable property formerly owned by the29
deceased, against a third person who has acquired an interest in the small succession30 SB NO. 22 ENROLLED
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immovable property, or against his successors by onerous title, is prescribed in two1
years from the date of the recording of the affidavit in accordance with this2
Paragraph.3
Section 2. Code of Civil Procedure Article 3431(D) is hereby repealed in its entirety.4
Section 3. The provisions of this Act are not intended to establish any necessity to5
open a succession judicially which does not qualify as a small succession.6
Section 4. This Act shall become effective upon signature by the governor or, if not7
signed by the governor, upon expiration of the time for bills to become law without signature8
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If9
vetoed by the governor and subsequently approved by the legislature, this Act shall become10
effective on the day following such approval.11
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: