Affidavit of Small Succession
In Louisiana, an affidavit of small succession is a written legal document used in succession cases where a decedent left behind less than $125,000 in assets to be distributed. If the inheritor qualifies for this process, he or she can avoid court involvement. The affidavit is filed by the decedent’s adult heir, typically his or her surviving spouse.
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If property is involved and the estate qualified as a small succession, the heir will need to file a Louisiana Small Estate Affidavit to have the property transferred without court-involvement. Another stipulation for transferring the property under these circumstances is if the decedent passed away without a will, or passed away in another state with a will, but the will was probated in that other state. Finally, in order for the heir to inherit the property through a Small Estate Affidavit, the decedent’s sole heirs must have been relatives or a surviving spouse.
In Louisiana, one of the following persons must sign the Small Estate Affidavit:
- The decedent’s surviving spouse and at least one of the decedent’s adult heirs
- If there is no surviving spouse, two adult heirs must sign
- If there is only one heir, the heir must sign as well as one other person who knows about the facts in the affidavit
Filing a Small Succession Affidavit can be a much simpler and seamless option for family members who wish to avoid a complicated court process after a loved one passes away. However, because understanding the stipulations and legal requirements of this process can be complicated, it is in your best interests to hire a qualified Baton Rouge succession attorney.
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