CCP 3433

505 words·~2 min read·/la/3433-2

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CCP 3433

§3433. Affidavit for small succession for a person domiciled outside of Louisiana who died testate; contents

A. When it is not necessary in accordance with the provisions of Article 3431 to open judicially a small succession, at least two persons, including the surviving spouse, if any, and one or more legatees of the deceased, may execute one or more multiple originals of an affidavit, duly sworn before any officer or person authorized to administer oaths in the place where the affidavit is executed, setting forth all of the following:

(1)The date of death of the deceased, and his domicile at the time thereof.

(2)The fact that the deceased died testate.

(3)The marital status of the deceased, the location of the last residence of the deceased, and the name of the surviving spouse, if any, and the surviving spouse's address, domicile, and location of last residence, together with the names and last known addresses of the heirs of the deceased, and identifying those of the heirs who are also forced heirs of the deceased.

(4)The names and last known addresses of the legatees of the deceased, and the statement that a legatee not signing the affidavit was given thirty days' notice by United States mail of the affiants' intent to execute an affidavit for small succession and did not object.

(5)A description of the property left by the deceased in Louisiana, including whether the property is community or separate, and which, in the case of immovable property, shall be sufficient to identify the property for purposes of transfer.

(6)A showing of the value of each item of property subject to the jurisdiction of the courts of Louisiana, and the aggregate value of the property, at the time of the death of the deceased.

(7)A statement describing the respective interests in the property that each legatee has inherited and whether a usufruct of the surviving spouse attaches to the property.

(8)An attachment consisting of a copy of the testament and a certified copy of the probate order of the court of another jurisdiction or the equivalent thereof.

(9)An affirmation that, by signing the affidavit, the affiant, if a legatee, has accepted the legacy of the deceased.

(10)An affirmation that, by signing the affidavit, the affiants swear under penalty of perjury that the information contained in the affidavit is true, correct, and complete to the best of their knowledge, information, and belief.

B. If the deceased had no surviving spouse, the affidavit shall be signed by at least two persons who have actual knowledge of the matters stated in the affidavit.

C. In addition to the powers of a natural tutor or curator otherwise provided by law, a natural tutor may also execute the affidavit on behalf of a minor child without the necessity of filing a petition pursuant to Article 4061, and a curator may also execute the affidavit on behalf of an interdict without the necessity of court authorization.

Acts 2024, No. 90, §1.