HLS 20RS-434 ENGROSSED
2020 Regular Session
HOUSE BILL NO. 142
BY REPRESENTATIVE ROBBY CARTER
SUCCESSIONS: Provides relative to successions
1 AN ACT
2To amend and reenact Code of Civil Procedure Articles 3421, 3431(A), and 3432.1(A)(8),
3 relative to successions; to provide relative to the definition of small succession; to
4 authorize the administration of certain testate successions without court approval; to
5 provide for certain required information; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Civil Procedure Articles 3421, 3431(A), and 3432.1(A)(8) are
8hereby amended and reenacted to read as follows:
9 Art. 3421. Small successions defined
10 A. A small succession, within the meaning of this Title, is the succession or
11 the ancillary succession of a person who at any time has died and the decedent's
12 property in Louisiana has a gross value of one hundred twenty-five thousand dollars
13 or less valued as of the date of death or, if the date of death occurred at least twenty
14 years prior to the date of filing of a small succession affidavit as authorized in this
15 Title, leaving property in Louisiana of any value.
16 B. A small succession shall also include a succession of a person who has
17 died testate, leaving no immovable property, and probate of the testament of the
18 deceased would have the same effect as if the deceased had died intestate.
19 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-434 ENGROSSED
HB NO. 142
1 Art. 3431. Small successions; judicial opening unnecessary
2 A. It shall not be necessary to open judicially the small succession of a
3 person domiciled in Louisiana who died intestate or testate as provided by Article
4 3421(B), or domiciled outside of Louisiana who died intestate or whose testament
5 has been probated by court order of another state, and whose sole heirs are the
6 following:
7 (1) His descendants.
8 (2) His ascendants.
9 (3) His brothers or sisters, or descendants thereof.
10 (4) His surviving spouse.
11 (5) His legatees under a testament probated by court order of another state.
12 * * *
13 Art. 3432.1. Affidavit for small succession for a person domiciled outside of
14 Louisiana who died testate; contents
15 A. When it is not necessary under the provisions of Article 3431 to open
16 judicially a small succession, at least two persons, including the surviving spouse,
17 if any, and one or more competent legatees of the deceased, may execute one or
18 more multiple originals of an affidavit, duly sworn before any officer or person
19 authorized to administer oaths in the place where the affidavit is executed, setting
20 forth all of the following:
21 * * *
22 (8) An attachment consisting of certified copies of the testament and, if the
23 testament has been probated by court order of another state, the probate order of
24 another the other state.
25 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-434 ENGROSSED
HB NO. 142
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 142 Engrossed 2020 Regular Session Robby Carter
Abstract: Authorizes testate successions to be administered without judicial approval when
the person has died testate, leaving no immovable property, and probate of the
testament of the deceased would have the same effect as if the deceased had died
intestate.
Present law provides for the definition and administration of small successions without the
requirement of judicially opening the succession.
Proposed law retains present law and authorizes testate successions to be administered
without judicial approval when the person has died testate, leaving no immovable property,
and probate of the testament of the deceased would have the same effect as if the deceased
had died intestate.
(Amends C.C.P. Arts. 3421, 3431(A), and 3432.1(A)(8))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.