ENROLLED
ACT No. 173
2020 Regular Session
HOUSE BILL NO. 142
BY REPRESENTATIVES ROBBY CARTER, BAGLEY, GARY CARTER, WILFORD
CARTER, CORMIER, COX, CREWS, GREEN, HARRIS, LACOMBE,
LARVADAIN, MARCELLE, MARINO, MOORE, NEWELL, PIERRE,
SEABAUGH, AND STAGNI
1 AN ACT
2 To 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.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Civil Procedure Articles 3421, 3431(A), and 3432.1(A)(8) are
8 hereby 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 * * *
20 Art. 3431. Small successions; judicial opening unnecessary
21 A. It shall not be necessary to open judicially the small succession of a
22 person domiciled in Louisiana who died intestate or testate as provided by Article
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1 3421(B), or domiciled outside of Louisiana who died intestate or whose testament
2 has been probated by court order of another state, and whose sole heirs are the
3 following:
4 (1) His descendants.
5 (2) His ascendants.
6 (3) His brothers or sisters, or descendants thereof.
7 (4) His surviving spouse.
8 (5) His legatees under a testament probated by court order of another state.
9 * * *
10 Art. 3432.1. Affidavit for small succession for a person domiciled outside of
11 Louisiana who died testate; contents
12 A. When it is not necessary under the provisions of Article 3431 to open
13 judicially a small succession, at least two persons, including the surviving spouse,
14 if any, and one or more competent legatees of the deceased, may execute one or
15 more multiple originals of an affidavit, duly sworn before any officer or person
16 authorized to administer oaths in the place where the affidavit is executed, setting
17 forth all of the following:
18 * * *
19 (8) An attachment consisting of certified copies of the testament and, if the
20 testament has been probated by court order of another state, the probate order of
21 another the other state.
22 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.