RÉSUMÉ DIGEST
ACT 44 (SB 100) 2021 Regular Session Reese
Prior law provided that for all purposes, a bank may deal with a safety deposit box or money,
on deposit or otherwise, and any other property in a bank's possession titled in the name of
a deceased customer in accordance with its contract with its deceased customer until the
bank receives notice in writing, specifically addressed to it, of the death of its customer.
New law provides that a small succession affidavit authorized by law constitutes full and
sufficient authority for the payment or delivery of any money or property, including property
held in a safety deposit box, of the deceased customer described in the affidavit to the heirs
or legatees of the deceased customer and the surviving spouse in community, if any, in the
percentages listed therein, by the bank having such money or property in its possession or
under its control.
New law provides that the transfer of the money or delivery of property identified in the
affidavit to the persons named in the affidavit constitutes a full release and discharge for the
payment of money or delivery of property and any creditor, heir, legatee, succession
representative, or other person whatsoever shall have no right or cause of action against the
bank paying the money or delivering the property in accordance with law on account of such
payment, delivery, or transfer.
Prior law provided that for all purposes, a mutual association may deal with money, on
deposit or otherwise, held by an association in a savings account, demand account, deposit
account, share account, and with any other property titled in the name of its deceased
member or depositor in accordance with its contract with the deceased member or depositor
until the association receives notice in writing, specifically addressed to it, of the death of
the member or depositor.
New law provides that a small succession affidavit authorized by law constitutes full and
sufficient authority for the payment or delivery of any money or property, including property
held in a safety deposit box, of the deceased customer described in the affidavit to the heirs
or legatees of the deceased customer and the surviving spouse in community, if any, in the
percentages listed therein, by the mutual association having such money or property in its
possession or under its control on account of such payment, delivery, or transfer.
New law provides that the transfer of the money or delivery of property identified in the
affidavit to the persons named in the affidavit constitutes a full release and discharge for the
payment of money or delivery of property and any creditor, heir, legatee, succession
representative, or other person whatsoever shall have no right or cause of action against the
association paying the money or delivering the property in accordance with law on account
of such payment, delivery, or transfer.
Prior law provided that for all purposes, a mutual association may deal with safety deposit
boxes and the contents therein titled in the name of a deceased customer, in accordance with
its contract with its customer, until the association receives notice in writing specifically
addressed to it of the death of its customer.
New law provides that a small succession affidavit authorized by law constitutes full and
sufficient authority for the payment or delivery of any money or property, including property
held in a safety deposit box, of the deceased customer described in the affidavit to the heirs
or legatees of the deceased customer and the surviving spouse in community, if any, in the
percentages listed therein, by the mutual association having such money or property in its
possession or under its control.
New law provides that the transfer of the money or delivery of property identified in the
affidavit to the persons named in the affidavit constitutes a full release and discharge for the
payment of money or delivery of property and any creditor, heir, legatee, succession
representative, or other person whatsoever shall have no right or cause of action against the
association paying the money or delivering the property in accordance with law account of
such payment, delivery, or transfer.
Prior law provided that a multiple original of an affidavit for small successions shall be full
and sufficient authority for the payment or delivery of any money or property of the
deceased in the affidavit to the heirs of the deceased and the surviving spouse in community, if any, in the percentages listed therein, by any bank, financial institution, trust company,
warehouseman, or other depository, or by any person having such property in his possession
or under his control. Provided a multiple original of the affidavit shall be full and sufficient
authority for the transfer to the heirs of the deceased, and surviving spouse in community,
if any, or to their assigns, of any stock or registered bonds in the name of the deceased and
described in the affidavit, by any domestic or foreign corporation.
New law provides a multiple original of an affidavit for small successions for a person who
died testate as sufficient authority for the payment or delivery of any money or property of
the deceased to the heirs or legatees of the deceased and the surviving spouse in community
by certain persons as provided by prior law.
New law changes the term "bank" to "federally insured depository institution" and provides
that, in addition to the heirs and surviving spouse, money or property may be delivered to
a legatee in accordance with prior law.
Prior law provided that the receipt of the persons named in the affidavit as heirs of the
deceased, or surviving spouse in community, constitutes a full release and discharge for the
payment of money or delivery of property as provided by prior law. Provided that any
creditor, heir, succession representative, or other person whatsoever shall have no right or
cause of action against the person paying the money, or delivering the property, or
transferring the stock or bonds, on account of such payment, delivery, or transfer.
New law includes a legatee is subject to the full release and discharge for the payment of
money or delivery of property as provided by prior law. Provided that a legatee shall have
no right or cause of action against the person paying the money, or delivering the property,
or transferring the stock or bonds, on account of such payment, delivery, or transfer.
Prior law allowed an affidavit in an certain actions involving immovable property to be
prima facie evidence of certain information, including the recognition of a person as an heir,
or surviving spouse. New law retains prior law and also allows for the recognition of a
legatee through the affidavit.
Prior law provided for a person who claims to be a successor, but has not been authorized
through prior law, to assert an interest in property subject to a two-year prescriptive period.
New law retains prior law, and adds a reference to new law, by which a successor may be
authorized.
Effective upon signature of the governor (June 1, 2021).
(Amends R.S. 6:767(F) and 768(D) and (E) and C.C.P. Art. 3434; adds R.S. 6:325(E),
767(G), and 768(F))