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In Louisiana, probate law is called succession law. The terms succession and estate are often used interchangeably to refer to the property that the dece- dent owned at death. This chapter outline discusses Louisiana succession law and procedures for intestate and testate successions.
If one of the heirs is a surviving spouse and he/she wishes to transfer the vehicle to a new owner, this affidavit of heirship must be completed by him/her as well as all other heirs, but only the surviving spouse is required to execute a notarized bill of sale or act of donation.
To create the Small Succession Affidavit, you'll need the following information: The parish where you'll file the document. A filled-out and signed affidavit. The date the person died and where they were living at that time. Confirm that the person died without a will.
Understanding the Succession Process The original Last Will & Testament, if one existed. The name of the executor named in the testament. A list of heirs. An accounting of assets. Debts owed by the decedent. Bills, bank statements, and receipts that arrive after death.
Statutory requirements for the content of the affidavit include the decedent's date of death and his address of primary residence at the time of death; a statement that the decedent died intestate; the martial status at the time of death and the surviving spouse's last-known residence, if applicable.
The purpose of succession is to give clear or marketable title to the deceased person's assets. After the succession process is complete, the individuals or organizations that end up with the assets can sell them, take out loans against them, and otherwise freely deal with the assets.
This document will set out the facts of the decedent's death, his marriage or marriages, divorces, and any children born either of the marriage or adopted, and a general description of the type of assets in the succession and the debts that were left by the succession. It should also name the list of potential heirs.
For simple successions, court costs can range from $300.00 to $600.00 depending on the parish where the succession will be filed. When an administration is needed for an estate, court costs will be higher depending on the filings necessary to complete the administration and can range from $1,500.00 up to $3,000.00.