HLS 23RS-2882 ORIGINAL
2023 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 121
BY REPRESENTATIVE GAINES
SUCCESSIONS: Directs the La. State Law Institute to study succession proceedings and
alternatives for low income families and low value properties
1 A CONCURRENT RESOL UTION
2To authorize and direct the Louisiana State Law Institute to study succession proceedings
3 and alternatives for low income families and low value properties, and to report its
4 findings to the legislature prior to February 1, 2024.
5 WHEREAS, the average cost of succession proceedings for smaller estates in
6Louisiana range from one thousand five hundred dollars to three thousand dollars; and
7 WHEREAS, an affidavit of small succession is an alternative to a full succession but
8it is limited to estates valued at less than one hundred twenty-five thousand dollars; and
9 WHEREAS, to many individuals, succession proceedings are cost prohibitive
10preventing such individuals from opening a succession for a deceased family member; and
11 WHEREAS, an affidavit to proceed in forma pauperis may be an avenue for low
12income families not wishing or unable to open successions; and
13 WHEREAS, more study is needed to determine if proceeding in forma pauperis can
14be applicable to succession proceedings; and
15 WHEREAS, making succession proceedings more financially available to low
16income families may help ensure the proper and timely transfer of property, which would
17in turn make land title records more accurate; and
18 WHEREAS, only the owner of immovable property is authorized to claim homestead
19exemption; and
Page 1 of 2 HLS 23RS-2882 ORIGINAL
HCR NO. 121
1 WHEREAS, transfer of property through a succession proceeding is the proper way
2for an heir to obtain ownership of the deceased relative's property and claim homestead
3exemption; and
4 WHEREAS, an alternative to a succession proceeding may be beneficial to low
5income families to encourage the proper transfer of ownership and allow such families to
6claim homestead exemption.
7 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
8authorize and direct the Louisiana State Law Institute to study succession proceedings and
9alternatives for low income families and low value properties and to report its findings to the
10legislature prior to February 1, 2024.
11 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
12director of the Louisiana State Law Institute.
13 BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
14one print copy and one electronic copy of any report produced pursuant to this Resolution
15to the David R. Poynter Legislative Research Library as required by R.S. 24:772.
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)]
HCR 121 Original 2023 Regular Session Gaines
Directs the La. State Law Institute to study succession proceedings and alternatives for low
income families and low value properties.
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