Structure
In Louisiana, navigating the complexities of estate management can be a daunting task, especially when dealing with smaller estates. The Louisiana Small Estate Affidavit form serves as a streamlined tool for heirs and beneficiaries to settle a decedent's affairs without the need for formal probate proceedings. Designed for estates valued at $125,000 or less, this form simplifies the transfer of assets, allowing individuals to claim property, bank accounts, and other belongings with minimal hassle. By utilizing this affidavit, heirs can affirm their relationship to the deceased and assert their rights to the estate's assets. The process requires careful attention to detail, including the necessity of notarization and the inclusion of specific information about the decedent and their assets. Moreover, the form provides a clear outline of the responsibilities and rights of the heirs, ensuring that the distribution of the estate is conducted fairly and in accordance with Louisiana law. Understanding the nuances of this form can empower individuals to efficiently navigate the often emotional and challenging landscape of estate settlement.
Sample - Louisiana Small Estate Affidavit Form
Louisiana Small Estate Affidavit
Pursuant to the Louisiana Small Successions Act, this affidavit is used to facilitate the transfer of certain small estates without a formal probate. This process is applicable where the total value of the decedent’s estate does not exceed the amount specified by the state law. To utilize this affidavit, please ensure all information is accurately provided as per the requirements of Louisiana law.
Decedent's Information:
- Full Name: ___________________________________________
- Date of Death: ________________________________________
- Last Known Address: ___________________________________
- City, State, Zip: ______________________________________
- County of Death: ______________________________________
- Did the Decedent have a Will? (Yes/No): ________________
Affiant's Information:
- Full Name: ___________________________________________
- Relationship to Decedent: _____________________________
- Address: _____________________________________________
- City, State, Zip: ______________________________________
- Phone Number: ________________________________________
Description of Assets:
Please provide a detailed list of all assets belonging to the decedent that you seek to transfer under this affidavit, including any real estate, vehicles, bank accounts, and personal property. Attach additional sheets if necessary.
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
Total Estimated Value of Assets: $________________________________
Debts and Liabilities:
List all known debts and liabilities of the decedent at the time of their death, including funeral expenses, taxes, or any other outstanding obligations.
______________________________________________________________________________________________________
______________________________________________________________________________________________________
Heirs and Legatees:
Provide the names, addresses, and relationships of all known heirs and legatees to whom the assets are to be distributed.
- Name: __________________________________ Relationship: ___________________ Address: ____________________________________
- Name: __________________________________ Relationship: ___________________ Address: ____________________________________
- Name: __________________________________ Relationship: ___________________ Address: ____________________________________
- Add more rows as necessary.
I, the undersigned, declare under penalty of perjury that the statements made herein are true and correct to the best of my knowledge. I understand that this affidavit is being made for the purpose of collecting the small estate of the decedent pursuant to the Louisiana Small Successions Act and that any false statement made herein could result in penalties under the law.
Signature of Affiant: _______________________________ Date: _________________
State of Louisiana
Parish of __________________________
Subscribed and sworn to (or affirmed) before me this ____ day of ___________, 20___, by ______________________________, who is personally known to me or who has produced ___________________________ as identification.
Signature of Notary Public: ___________________________
Printed Name: ________________________________________
My commission expires: _______________________________
Document Details
| Fact Name | Description |
|---|---|
| Purpose | The Louisiana Small Estate Affidavit allows heirs to claim assets of a deceased person without going through a lengthy probate process. |
| Eligibility | This form is typically used when the total value of the estate is less than $125,000, excluding certain assets. |
| Governing Law | The use of the Small Estate Affidavit is governed by Louisiana Revised Statutes, specifically R.S. 9:2442. |
| Who Can Use It | Heirs or beneficiaries named in a will can use this affidavit to access the deceased's assets. |
| Filing Process | The affidavit must be signed in front of a notary and filed with the appropriate court or financial institution. |
| Required Information | It typically requires details about the deceased, the heirs, and a list of the estate's assets. |
| Limitations | Not all assets can be claimed using this affidavit; for example, real estate may require a different process. |
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