SLS 12RS-17 ORIGINAL
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 70
BY SENATOR MURRAY
SUCCESSIONS. Provides relative to small succession procedures and effects. (gov sig)
AN ACT1
To amend and reenact Code of Civil Procedure Articles 3421 and 3431(A)(introductory2
paragraph), and to repeal Code of Civil Procedure Article 3422.1(G), relative to3
small successions; to provide relative to small succession procedures and effects; to4
provide certain definitions, conditions, terms, and requirements; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Civil Procedure Articles 3421 and 3431(A) (introductory8
paragraph) are hereby 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 or the11
ancillary succession of a person who at any time has died at any time, leaving12
property in Louisiana having a gross value of seventy-five thousand dollars or less13
valued as of the date of death or, if the date of death occurred at least twenty-five14
years prior to the date of filing of a small succession affidavit as authorized in15
this Title, leaving property in Louisiana of any value.16
* * *17 SB NO. 70
SLS 12RS-17 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Art. 3431. Small successions; judicial opening unnecessary1
A. It shall not be necessary to open judicially the small succession of a person2
domiciled in Louisiana who died intestate, or domiciled outside of Louisiana who3
died intestate or whose testament has been probated by court order of another state,4
and whose sole heirs are the following:5
* * *6
Section 2. Code of Civil Procedure Article 3422.1(G) is hereby repealed.7
Section 3. This Act shall become effective upon signature by the governor or, if not8
signed by the governor, upon expiration of the time for bills to become law without signature9
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If10
vetoed by the governor and subsequently approved by the legislature, this Act shall become11
effective on the day following such approval.12
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry G. Jones.
DIGEST
Present law in Code of Civil Procedure relative to small successions 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.
Proposed law defines "small succession" as the succession or the ancillary succession of a
person who at any time has died leaving property in Louisiana having a gross value of $75K
or less valued as of the date of death or, if the date of death occurred at least twenty-five
years prior to the date of filing of a small succession affidavit, leaving property in Louisiana
of any value.
Present law provides circumstances under which it is not necessary to open judicially the
small succession 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. Proposed
law includes persons domiciled outside of Louisiana who died intestate.
Present law provides certain procedures, management and effects for immovable property,
subject to a small succession proceeding, that is damaged by a disaster or catastrophe for
which a declaration of emergency or federal declaration of disaster or emergency was issued.
Also provides that such present law shall expire on Jan. 1, 2013. Proposed law repeals
termination date.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends C.C.P. Arts. 3421 and 3431(A)(intro. para.); repeals C.C.P. Art. 3422.1(G))