Change to Louisiana's "Small Succession" Rules

In the past, surviving heirs could complete an affidavit and avoid the court-supervised succession process if a family member died:

• without a Last Will; and
• owning no real estate; and
• less than $50,000 in assets.

This procedure was simple when someone died with perhaps a bank account or two and a vehicle.

This law has changed. Now, this simple procedure can be used even if the person who died owned a piece of real estate, and if the total value of the assets does not exceed $75,000. In addition, the affidavit does not need to be submitted to the Louisiana Department of Revenue, which was a requirement in the past.

This new law appears to take effect January 1, 2010. It should permit more families to avoid the court-supervised succession procedure, which is a good thing. The problem is, however, it penalizes those who plan ahead by having a Last Will and Testament prepared. If someone dies with a Last Will, a succession will still be necessary regardless of the value of the assets that are involved.

Paul Rabalais

Comments

[Fred Davis]

Paul:
Fred Davis here. I publish Pass My Notary Workbook, through passmynotary.com. I admire your publication which I see in Barnes & Noble. Do you have any further clarity on the effective date of the change in small succession law.

[Fred Davis]

Paul:
I have just checked the legislature's website regarding passage of Act 81 and it appears the effective date of the new small succession law is actually August 15, 2009. Do you agree?
Fred Davis

[Fred Davis]

You are correct, the bill explicitly states "On or after January 1, 2010" for effective date. Well that was interesting!

[Patty Anderson]

With the "Simple procedure" can you use the previously approved form?

[C. Hawkins]

What if the "last will" was not filed in the courthouse. What if it was just a handwritten will?

[Jerry Landry]

Paul, where do I go to get the forms to fill out for this small succession? Clerk of Court? Thanks, Jerry Landry.

[Dolores]

My mother died without a will and only left about $500 in her bank account. We still would like to be able to get this money- where do we get the form and if you no longer have to send it to the Dept. of revenue - what do you do with it? Thanks Dolores

[Cooper Fournet]

Paul, does this law apply retroactively?

[Melvin Roddy]

I filed a affidavit of small succession on a property for my sister. Is she wanted to sell the property, do she have any right to do so?

[chanel replica watches]

Technology cannot change the condition of humanity

[air yeezys]

Faced with you, I am shallow smile, there is no so-called;

[Cheap True Religion Jeans Outlet]

Only little globbets of new environments to explore? Half the levelling to do? That last bit rankled particularly, as it was expressed in terms of "it was taking manpower away from making the important stuff: raids" terms, to which you can have a double portion of "meh", with some whipped "meh" and a "meh" on top. I'mz no raider, and marginalising levelling content in favour of raiding? It would alienate too many casual players.

[beats by dre headphones]

Without reading, civilization would disappear in one generation.
e

[beats by dre headphones]

Without reading, civilization would disappear in one generation.
e

[beats by dre headphones]

Without reading, civilization would disappear in one generation.
e