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words in boldface type and underscored are additions.
Regular Session, 2012 ENROLLED
SENATE BILL NO. 70
BY SENATOR MURRAY
AN ACT1
To amend and reenact Code of Civil Procedure Articles 3421, 3431(A)(introductory2
paragraph), and 3432(A)(8) and (9), to enact Code of Civil Procedure Article 3432.1,3
and to repeal Code of Civil Procedure Article 3422.1(G) and 3432(A)(10), relative4
to small successions; to provide relative to small succession procedures and effects;5
to provide certain definitions, conditions, terms, and requirements; and to provide6
for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Code of Civil Procedure Articles 3421, 3431(A)(introductory paragraph),9
and 3432(A)(8) and (9) are hereby amended and reenacted and Code of Civil Procedure10
Article 3432.1 is hereby enacted to read as follows: 11
Art. 3421. Small successions defined 12
A small succession, within the meaning of this Title, is the succession or the13
ancillary succession of a person who at any time has died at any time, leaving14
property in Louisiana having a gross value of seventy-five thousand dollars or less15
valued as of the date of death or, if the date of death occurred at least twenty-five16
years prior to the date of filing of a small succession affidavit as authorized in17
this Title, leaving property in Louisiana of any value.18
* * *19
Art. 3431. Small successions; judicial opening unnecessary20
A. It shall not be necessary to open judicially the small succession of a person21
domiciled in Louisiana who died intestate, or domiciled outside of Louisiana who22
died intestate or whose testament has been probated by court order of another state,23
and whose sole heirs are the following:24
* * *25
ACT No. 618 SB NO. 70 ENROLLED
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Art. 3432. Affidavit for small succession; contents1
A. When it is not necessary under the provisions of Article 3431 to open2
judicially a small succession, at least two persons, including the surviving spouse,3
if any, and one or more competent major heirs of the deceased, may execute one or4
more multiple originals of an affidavit, duly sworn before any officer or person5
authorized to administer oaths in the place where the affidavit is executed, setting6
forth:7
* * *8
(8) An attachment consisting of certified copies of the testament and the9
probate order of another state, if the affidavit is being used in lieu of an ancillary10
probate proceeding.11
(9) An affirmation that, by signing the affidavit, the affiant, if an heir, has12
accepted the succession of the deceased; and13
(10)(9) An affirmation that, by signing the affidavit, the affiants swear under14
penalty of perjury that the information contained in the affidavit is true, correct and15
complete to the best of their knowledge, information, and belief.16
* * *17
Art. 3432.1. Affidavit for small succession for a person domiciled outside of18
Louisiana who died testate; contents19
A. When it is not necessary under the provisions of Article 3431 to open20
judicially a small succession, at least two persons, including the surviving21
spouse, if any, and one or more competent legatees of the deceased, may execute22
one or more multiple originals of an affidavit, duly sworn before any officer or23
person authorized to administer oaths in the place where the affidavit is24
executed, setting forth all of the following:25
(1) The date of death of the deceased, and his domicile at the time26
thereof.27
(2) The fact that the deceased died testate.28
(3) The marital status of the deceased, the location of the last residence29
of the deceased, and the name of the surviving spouse, if any, and the surviving30 SB NO. 70 ENROLLED
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spouse's address, domicile, and location of last residence, together with the1
names and last known addresses of the legal heirs of the deceased, and2
identifying those of the legal heirs who are also forced heirs of the deceased.3
(4) The names and last known addresses of the legatees of the deceased,4
and the statement that a legatee not signing the affidavit was given ten days5
notice by U.S. mail of the affiants' intent to execute an affidavit for small6
succession and did not object.7
(5) A description of the property left by the deceased, including whether8
the property is community or separate, and which, in the case of immovable9
property, must be sufficient to identify the property for purposes of transfer.10
(6) A showing of the value of each item of property subject to the11
jurisdiction of the courts of Louisiana, and the aggregate value of all such12
property, at the time of the death of the deceased.13
(7) A statement describing the respective interests in the property which14
each legatee has inherited and whether a legal usufruct of the surviving spouse15
attaches to the property.16
(8) An attachment consisting of certified copies of the testament and the17
probate order of another state.18
(9) An affirmation that, by signing the affidavit, the affiant, if a legatee,19
has accepted the legacy of the deceased.20
(10) An affirmation that, by signing the affidavit, the affiants swear21
under penalty of perjury that the information contained in the affidavit is true,22
correct, and complete to the best of their knowledge, information, and belief.23
B. If the deceased had no surviving spouse, the affidavit must be signed24
by at least two persons who have actual knowledge of the matters stated therein.25
C. In addition to the powers of a natural tutor otherwise provided by26
law, a natural tutor may also execute the affidavit on behalf of a minor child27
without the necessity of filing a petition pursuant to Article 4061.28
Section 2. Code of Civil Procedure Article 3422.1(G) and 3432(A)(10) are hereby29
repealed.30 SB NO. 70 ENROLLED
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Section 3. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: