DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of
the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of
the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Abramson HB No. 622
Abstract: Provides relative to the certificate of inventory in tutorship proceedings and its
effectiveness against third parties.
Present law provides that a natural tutor shall not be required to furnish bond, but shall record in
the mortgage records of the parish of his domicile a certificate of the clerk setting forth the date
of birth of the minor, the last four digits of the social security number of the tutor, and the total
value of the minor's property according to the inventory or detailed descriptive list filed in the
tutorship proceeding.
Present law provides that if the minor has no assets, then no certificate need be filed until he
acquires assets.
Present law requires that the certificate be recorded in the mortgage records of every other parish
in the state in which the tutor owns immovable property, and that the recordation operates as a
legal mortgage for the amount of the certificate in favor of the minor on all the immovable
property of the tutor.
Proposed law retains present law and provides that if the certificate recorded is in the amount of
zero dollars, it shall not create a legal mortgage, and that if the certificate does not contain the
information required by present law, it will not be effective against third parties.
(Amends C.C.P. Art. 4134(C))