HLS 17RS-789 REENGROSSED
2017 Regular Session
HOUSE BILL NO. 129
BY REPRESENTATIVE DAVIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SUCCESSIONS: Provides relative to small successions
1 AN ACT
2To amend and reenact Code of Civil Procedure Articles 3421and 3422, relative to
3 successions; to provide for the definition of a small succession; to provide relative
4 to court costs; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Civil Procedure Articles 3421 and 3422 are hereby amended and
7reenacted to read as follows:
8 Art. 3421. Small successions defined
9 A small succession, within the meaning of this Title, is the succession or the
10 ancillary succession of a person who at any time has died leaving and the decedent's
11 property in Louisiana having has a gross value of seventy-five one hundred twenty-
12 five thousand dollars or less valued as of the date of death or, if the date of death
13 occurred at least twenty-five twenty years prior to the date of filing of a small
14 succession affidavit as authorized in this Title, leaving property in Louisiana of any
15 value.
16 Art. 3422. Court costs; compensation
17 In judicial proceedings under this Title, the following schedule of costs,
18 commissions compensation, and fees shall prevail:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-789 REENGROSSED
HB NO. 129
1 (1) Court costs for successions valued less than seventy-five thousand dollars
2 shall be one-half the court costs in similar proceedings in larger successions, but the
3 minimum costs in any case shall be five dollars; and
4 (2) The commission compensation of the succession representative shall be
5 not more than five percent of the gross assets of the succession.
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)]
HB 129 Reengrossed 2017 Regular Session Davis
Abstract: Modifies the definition of a small succession, and provides that court costs in
successions valued at less than $75,000 shall be ½ of costs in similar proceedings in
larger successions.
Present law provides that a decedent's property must have a gross value of $75,000 or less
to qualify as a small succession.
Proposed law increases the gross value of a decedent's property from $75,000 to $125,000
to qualify as a small succession.
Present law also defines a small succession as a succession involving property of any value
if the filing of the small succession affidavit occurs at least 25 years after the date of the
decedent's death.
Proposed law changes present law to define a small succession as property of any value if
the filing of the small succession affidavit occurs at least 20 years after the date of the
decedent's death.
Present law provides for court costs and commissions in small succession judicial
proceedings.
Proposed law replaces the term "commissions" with "compensation" for consistency
purposes in the law.
Proposed law amends present law to provide that for successions valued at less than $75,000
the court costs shall be ½ the costs in similar proceedings in larger successions.
(Amends C.C.P. Arts. 3421 and 3422)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Decrease the gross value of a decedent's property in proposed law from $150,000
to $125,000 to qualify as a small succession.
2. Provide that court costs for successions valued at less than $75,000 are ½ the
court costs in similar proceedings in larger successions.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-789 REENGROSSED
HB NO. 129
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Change the term "commissions" to "compensation".
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.