small succesiion affidavit past 90 days

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    • #4217

      I was reading up on Small succession affidavits and came to this :
      If the small estate includes real estate, the Small Estate Affidavit and the decedent’s death certificate must be recorded in the land records in the parish where the real estate is located. The recording must happen within 90 days of the date of the decedent’s death.
      This info was not known beforehand and now small succession affidavit wants to be done. Does this mean that a full blown succession at full price has to be done? Is there another way ?
      Can a similar affidavit of some kind be filed with it to go ahead with small succession affidavit ?

    • #4218

      For persons who are searching on the topic of small succession affidavits, the maximum value amount of the succession was increased to $125,000.

      Bessie, as to your question, it looks like to me that the 90 days is after the date of death, not “within”.

      Here is the statute:

      Art. 3434. Endorsed copy of affidavit authority for delivery of property

      A. A multiple original of the affidavit authorized by Article 3432, shall be full and sufficient authority for the payment or delivery of any money or property of the deceased described in the affidavit to the heirs of the deceased and the surviving spouse in community, if any, in the percentages listed therein, by any bank, financial institution, trust company, warehouseman, or other depositary, or by any person having such property in his possession or under his control. Similarly, a multiple original of an affidavit satisfying the requirements of this Article shall be full and sufficient authority for the transfer to the heirs of the deceased, and surviving spouse in community, if any, or to their assigns, of any stock or registered bonds in the name of the deceased and described in the affidavit, by any domestic or foreign corporation.

      B. The receipt of the persons named in the affidavit as heirs of the deceased, or surviving spouse in community thereof, constitutes a full release and discharge for the payment of money or delivery of property made under the provisions of this Article. Any creditor, heir, succession representative, or other person whatsoever shall have no right or cause of action against the person paying the money, or delivering the property, or transferring the stock or bonds, under the provisions of this Article, on account of such payment, delivery, or transfer.

      C.(1) A multiple original of the affidavit, to which has been attached a certified copy of the deceased’s death certificate, shall be recorded in the conveyance records in the office of the clerk of court in the parish where any immovable property described therein is situated, after at least ninety days have elapsed from the date of the deceased’s death.

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