HLS 23RS-2882 ENGROSSED
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, the costs for succession proceedings for successions having a gross
10value of more than one hundred twenty-five thousand dollars, or successions having a gross
11value of one hundred twenty-five thousand and less that may be required to be opened
12judicially, may be a reason discouraging heirs from opening judicially a succession for a
13deceased family member; and
14 WHEREAS, an individual who wishes to open judicially a succession and who is
15unable to pay the costs of court because of his poverty and lack of means, may not avail
16himself of the ability to open judicially a succession without paying the costs in advance or
17as they accrue as provided for in Code of Civil Procedure Articles 5181 through 5188; and
18 WHEREAS, more study is needed to determine if there is a way to apply the
19provisions in Code of Civil Procedure Articles 5181 through 5188 to open judicially a
20succession; and
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HCR NO. 121
1 WHEREAS, making succession proceedings more financially available to low
2income families where the only asset may be a low value residence, or an undivided interest
3in immovable property, may help ensure the proper and timely transfer of property, which
4would in turn make land title records more accurate; and
5 WHEREAS, pursuant to Article VII, Section 20 of the Constitution of Louisiana,
6homestead exemption is limited to land that is owned and occupied by persons who own and
7occupy the land in indivision and the homestead exemption is limited to the pro rata
8ownership interest of that person or persons occupying the homestead; and only the owner
9of immovable property is authorized to claim homestead exemption; and
10 WHEREAS, without a judgment of possession rendered in a succession opened
11judicially or an affidavit of small succession recognizing the ownership interest of a person
12or persons who are residing on the property, those persons who otherwise would be entitled
13to claim homestead exemption may not do so; and
14 WHEREAS, an alternative to a succession opened judicially or an affidavit of small
15succession proceeding may be beneficial to low income families and allow such families to
16claim homestead exemption.
17 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
18authorize and direct the Louisiana State Law Institute to study succession proceedings and
19alternatives for low income families and low value properties and to report its findings to the
20legislature prior to February 1, 2024.
21 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
22director of the Louisiana State Law Institute.
23 BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
24one print copy and one electronic copy of any report produced pursuant to this Resolution
25to the David R. Poynter Legislative Research Library as required by R.S. 24:772.
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HCR NO. 121
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 Engrossed 2023 Regular Session Gaines
Directs the La. State Law Institute to study succession proceedings and alternatives for low
income families and low value properties.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Provide that the costs of opening a succession may be a reason discouraging
heirs from opening a succession.
2. Provide that additional study is needed to determine if a party may proceed in
forma pauperis in succession proceedings.
3. Provide that the homestead exemption is limited to the exceptions provided by
Article VII, Section 20 of the Constitution of La.
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