2021 Regular Session ENROLLED
SENATE BILL NO. 100
BY SENATOR REESE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To amend and reenact R.S. 6:767(F) and 768(D) and (E) and Code of Civil Procedure Art.
3 3434, and to enact R.S. 6:325(E), 767(G), and 768(F), relative to banks, mutual
4 associations, and savings banks; to provide relative to an affidavit for small
5 successions; to provide for access and transfer of the contents of a safety deposit box
6 by a bank, mutual association, or savings bank to a succession representative, heir,
7 or legatee; to provide for access and transfer of money and property by a bank,
8 mutual association, or savings bank to a succession representative, heir, or legatee;
9 to provide liability protection for certain entities; to provide certain terms,
10 conditions, and procedures; and to provide for related matters.
11 Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 6:767(F) and 768(D) and (E) are hereby amended and reenacted, and
13 R.S. 6:325(E), 767(G), and 768(F) are hereby enacted to read as follows:
14 §325. Death of a customer and access and transfer of contents of safety deposit
15 boxes, money, and other property by bank to succession
16 representatives, legatees, or heirs; authority
17 * * *
18 E. A small succession affidavit authorized by Title V of Book IV of the
19 Louisiana Code of Civil Procedure shall constitute full and sufficient authority
20 for the payment or delivery of any money or property, including property held
21 in a safety deposit box, of the deceased customer described in the affidavit to the
22 heirs or legatees of the deceased customer and the surviving spouse in
ACT No. 44
Page 1 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 100 ENROLLED
1 community, if any, in the percentages listed therein, by the bank having such
2 money or property in its possession or under its control. The transfer of the
3 money or delivery of property identified in the affidavit to the persons named
4 in the affidavit constitutes a full release and discharge for the payment of money
5 or delivery of property and any creditor, heir, legatee, succession
6 representative, or other person whatsoever shall have no right or cause of action
7 against the bank paying the money or delivering the property pursuant to the
8 provisions of this Subsection on account of the payment, delivery, or transfer.
9 * * *
10 §767. Death of member or depositor and access and transfer of money and property
11 by association to succession representatives, legatees, or heirs;
12 authority
13 * * *
14 F. A small succession affidavit authorized by Title V of Book IV of the
15 Louisiana Code of Civil Procedure shall constitute full and sufficient authority
16 for the payment or delivery of any money or property, including property held
17 in a safety deposit box, of the deceased customer described in the affidavit to the
18 heirs or legatees of the deceased customer and the surviving spouse in
19 community, if any, in the percentages listed therein, by the association having
20 such money or property in its possession or under its control. The transfer of
21 the money or delivery of property identified in the affidavit to the persons
22 named in the affidavit constitutes a full release and discharge for the payment
23 of money or delivery of property and any creditor, heir, legatee, succession
24 representative, or other person whatsoever shall have no right or cause of action
25 against the association paying the money or delivering the property pursuant
26 to the provisions of this Subsection on account of the payment, delivery, or
27 transfer.
28 G. Any association may pay to the surviving spouse the value of any savings
29 or demand account or shares standing in the name of the decedent in such association
30 without authorization by any court proceeding, order, or judgment, whether the
Page 2 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 100 ENROLLED
1 savings account or shares belong to the separate estate of the decedent or to the
2 community property regime which existed between the decedent and the surviving
3 spouse, subject to the provisions of R.S. 9:1513.
4 §768. Transfer of contents of safety deposit boxes by an association to succession
5 representatives, legatees, heirs, minors, or interdicts; authority
6 * * *
7 D. A small succession affidavit authorized by Title V of Book IV of the
8 Louisiana Code of Civil Procedure shall constitute full and sufficient authority
9 for the payment or delivery of any money or property, including property held
10 in a safety deposit box, of the deceased customer described in the affidavit to the
11 heirs or legatees of the deceased customer and the surviving spouse in
12 community, if any, in the percentages listed therein, by the association having
13 such money or property in its possession or under its control. The transfer of
14 the money or delivery of property identified in the affidavit to the persons
15 named in the affidavit constitutes a full release and discharge for the payment
16 of money or delivery of property and any creditor, heir, legatee, succession
17 representative, or other person whatsoever shall have no right or cause of action
18 against the association paying the money or delivering the property pursuant
19 to the provisions of this Subsection on account of the payment, delivery, or
20 transfer.
21 E. Upon proper authority, an association may transfer the contents of a safety
22 deposit box belonging to an interdict or a minor to the legal representative of such
23 interdict or minor. The letters issued to the legal representative by a court of
24 competent jurisdiction shall constitute proper authority for making the transfer,
25 which when so made and receipted for, shall be full protection to the association.
26 E.F. Conclusive proof to the association of the letters testamentary, letters of
27 administration, or letters of independent administration of the succession
28 representative, or of the judgment of possession, and of the jurisdiction of the court
29 rendering them, shall be as provided in R.S. 6:325(D).
30 Section 2. Code of Civil Procedure Art. 3434 is hereby amended and reenacted to
Page 3 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 100 ENROLLED
1 read as follows:
2 Art. 3434. Endorsed copy of affidavit authority for delivery of property
3 A. A multiple original of the affidavit authorized by Article 3432 or 3432.1,
4 shall be full and sufficient authority for the payment or delivery of any money or
5 property of the deceased described in the affidavit to the heirs or legatees of the
6 deceased and the surviving spouse in community, if any, in the percentages listed
7 therein, by any bank, federally insured depository institution, financial institution,
8 trust company, warehouseman, or other depositary, or by any person having such
9 property in his possession or under his control. Similarly, a multiple original of an
10 affidavit satisfying the requirements of this Article shall be full and sufficient
11 authority for the transfer to the heirs or legatees of the deceased, and surviving
12 spouse in community, if any, or to their assigns, of any stock or registered bonds in
13 the name of the deceased and described in the affidavit, by any domestic or foreign
14 corporation.
15 B. The receipt of the persons named in the affidavit as heirs or legatees of
16 the deceased, or surviving spouse in community thereof, constitutes a full release and
17 discharge for the payment of money or delivery of property made under the
18 provisions of this Article. Any creditor, heir, legatee, succession representative, or
19 other person whatsoever shall have no right or cause of action against the person
20 paying the money, or delivering the property, or transferring the stock or bonds,
21 under the provisions of this Article, on account of such payment, delivery, or
22 transfer.
23 C.(1) A multiple original of the affidavit, to which has been attached a
24 certified copy of the deceased's death certificate, shall be recorded in the conveyance
25 records in the office of the clerk of court in the parish where any immovable property
26 described therein is situated, after at least ninety days have elapsed from the date of
27 the deceased's death.
28 (2) An affidavit so recorded, or a certified copy thereof, shall be admissible
29 as evidence in any action involving immovable property to which it relates or is
30 affected by the instrument, and shall be prima facie evidence of the facts stated
Page 4 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 100 ENROLLED
1 therein, including the relationship to the deceased of the parties recognized as heir,
2 legatee, surviving spouse in community, or usufructuary as the case may be, and of
3 their rights in the immovable property of the deceased.
4 (3) An action by a person, who claims to be a successor of a deceased
5 person, but who has not been recognized as such in an affidavit authorized by Article
6 3432 or 3432.1, to assert an interest in property formerly owned by the deceased,
7 against a third person who has acquired an interest in the property, or against his
8 successors by onerous title, is prescribed two years from the date of the recording of
9 the affidavit in accordance with this Paragraph.
10 Section 3. This Act shall become effective upon signature by the governor or, if not
11 signed by the governor, upon expiration of the time for bills to become law without signature
12 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
13 vetoed by the governor and subsequently approved by the legislature, this Act shall become
14 effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 5 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.