The Louisiana small estate affidavit, or legally known as the ‘affidavit of small succession’, is used by the surviving spouse, if any adult heir of the decedent. It is used in the event that the person who died owed less than $75,000 is assets and property at the time of death and died without a will. This refers to the value of the probate estate. Assets that automatically passed to a beneficiary at death are not included in this calculation. This form allows the heirs to collect the property owned by the decedent and distribute the assets to the heirs at law. It is signed under penalties of perjury.
Maximum – $75,000 (CCP 3421 — Small successions defined)
Laws – CCP 3432
How to Write
Step 1 – Write in the full name of the person who died.
Step 2 – Write in the State and County or Parish in which the decedent resided at time of death.
Step 3 – Write in the names of the two people signing the petition. One must be a surviving spouse, if any.
Step 4 – Write in the date of death in Section 2 and be sure to attach a death certificate.
Step 5 – Fill in the address of the decedent’s residence at time of death.
Step 6 – In Section 5, indicate the marital status of decedent at time of death as well as marital history.
Step 7 – Fill in the address for the surviving spouse, if applicable.
Step 8 – In Section 7, write in the names, addresses, and percentage of assets to which they are entitled to all the heirs of the decedent.
Step 9 – In Section 9, delete the instruction and fill in the description of each asset of the decedent along with its value as indicated.
Step 10 – Write in who is entitled to the property under the intestacy laws of Louisiana.
Step 11 – Two affiants plus two witnesses and a notary need to sign the document. If there is more than one-third party from whom you are seeking property, you will need an original for each party.
Step 12 – Once a third party, such as a bank, receives this document, they are obligated to distribute the decedent’s property as the document instructs.