Louisiana recognizes a small estate affidavit and also a summary administration proceeding. You may either order the Small Estate Affidavit for Estates smaller than 15,000 or the Summary Administration where the the value of the entire estate, less liens and encumbrances, does not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent.
Small Estates General Summary: Small Estate
laws were enacted in order to enable heirs to obtain property of the deceased
without probate, or with shortened probate proceedings, provided certain
conditions are met. Small estates can be administered with less time and
cost. If the deceased had conveyed most property to a trust but there
remains some property, small estate laws may also be available. Small
Estate procedures may generally be used regardless of whether there was
a Will. In general, the two forms of small estate procedures are
recognized:
1. Small Estate Affidavit -Some States allow an affidavit
to be executed by the spouse and/or heirs of the deceased and present the
affidavit to the holder of property such as a bank to obtain property of
the deceased. Other states require that the affidavit be filed with the
Court. The main requirement before you may use an affidavit is that
the value of the personal and/or real property of the estate not exceed
a certain value.
2. Summary Administration -Some states allow a Summary administration. Some States recognize both the Small Estate affidavit and
Summary Administration, basing the requirement of which one to use on the
value of the estate. Example: If the estate value is 10,000 or less an
affidavit is allowed but if the value is between 10,000 to 20,000 a summary
administration is allowed.
Louisiana Summary: Under Louisiana statute, if the estate of the decedent is sufficiently small as defined by Art. 3431, (please see below), the personal representative of the decedent may distribute the assets of the estate upon the filing of the affidavit described by Art. 3432., without a court filing or additional notice to other parties.
Louisiana Requirements: Louisiana requirements are set forth in the statutes below.
Relevant Statutes are:
CHAPTER 2. WHEN JUDICIAL PROCEEDINGS UNNECESSARY
Art. 3431. Small successions; judicial opening unnecessary
A. It shall not be necessary to open judicially the small succession of a person who died intestate leaving no immovable property, and whose sole heirs are the following:
(1) His descendants.
(2) His ascendants.
(3) His brothers or sisters, or descendants thereof
(4) His surviving spouse.
B. Any person appointed as public administrator by the governor may use the affidavit procedure of this Chapter to take possession of the estate of the decedent for transmittal to the state provided there is no surviving spouse or other heir present or represented in the state and provided that the estate does not include any immovable property, and provided he has advertised one time in the official journal of the parish and verifies that the has received no notice of opposition.
C. The legal notice required in Paragraph B of this Article shall read as follows: "Notice is hereby given to any heirs or creditors of that, Public Administrator for the parish of, intends to administer the intestate succession of _______, under the provisions of Small Successions as set forth in Chapter 2 of Title V of Book VI of the Code of Civil Procedure. Anyone having an objection to such administration of the succession should notify at."
Art. 3432. Submission of affidavit to inheritance tax collector
When it is not necessary under the provisions of Article 3431 to open judicially a small succession, the competent major heirs of the deceased, and the surviving spouse thereof, if any, may submit to the inheritance tax collector one or more multiple originals of their affidavit setting forth:
(1) The date of death of the deceased, and his domicile at the time thereof;
(2) The fact that the deceased died intestate and left no immovable property;
(3) The marital status of the deceased, and the names and addresses of the surviving spouse, if any, and of the heirs and their relationship to the deceased; and
(4) A brief description of the movable property left by the deceased, and a showing of the value of each item thereof, and the aggregate value of all such property, at the time of the death of the deceased.
Art. 3434. Endorsed copy of affidavit authority for delivery of property A multiple original of the affidavit required by Article 3432, bearing the endorsement of the inheritance tax collector that no inheritance taxes are due, shall be full and sufficient authority for the payment or delivery of any money or property of the deceased described in the affidavit by any bank, trust company, warehouseman, or other depositary, or by any person having such property in his possession or under his control. Similarly, a multiple original of this affidavit endorsed as required above shall be full and sufficient authority for the transfer to the heirs of the deceased, and surviving spouse, 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.
The receipt of the persons named in the affidavit as heirs of the deceased, or surviving spouse thereof, constitutes a full release and discharge for the payment of money or delivery of property made under the provisions of this article. The inheritance tax collector, and 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,under the provisions of this article, on account of such payment,delivery, or transfer.
Small Estate Affidavit for Estates under 50,000
