Small Succession Affidavit & CCP3434

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  • #3678

    madogdupre
    Participant

    Additional question in reference to SSA, specifically CCP3434 Section C(1) which describes filing of the SSA in the conveyance records of the parish “after 90 days have elapsed from the decedent’s death.”

    I have checked the annotations to this article and the acts that created them and I am unable to find the reason for the 90 day delay.

    My only presumption is that it is to allow creditors time to file actions against the decedent or his estate.

    My question here is what would prohibit the premature filing and/or the repercussion to the premature filing.

    Can anyone shed light on this?

  • #3683

    Bassmaster
    Participant

    I doubt if there are any decided cases on this, but you would have to presume that failing to wait 90 days would not make the SSA illegal, but it would perhaps extend the time creditors have to make a claim.

    And yes, I agree, the point is to allow creditors time to take action.

  • #3749

    Old man of the sea
    Participant

    I feel it is totally possible to file the SSA sooner than 90 days providing you are MOST certain there are no outstand creditors or other possible parties with interests in the estate.

    However, it is often best to follow the Ruiles completely and without exception because years from now questions may arise.

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