Possible Restrictions On The Use Of An Affidavit Procedure For Small Succession | Gordon Crawford
Channel: Gordon R Crawford & Associates
Date: 2021-08-30

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There are limits on the use of an affidavit procedure for small succession. This is a very specialized type of proceeding and since it does not require any type of judicial supervision or intervention, the law does provide for certain restrictions to be met before you can use it. First, the Louisiana Code of Civil Procedures affidavit procedure generally applies to the succession of a person who is domiciled in Louisiana and who died intestate, meaning without leaving a will. Or, to the succession of a person domiciled outside of the state of Louisiana who died intestate or whose testament has been probated by court order of another state.
The second restriction is that the decedent’s property in the state of Louisiana must have a gross value of $125,000 or less. The third restriction is the affidavit procedure is only available in an intestate succession if all heirs of the decedent are descendants, ascendants, brothers, sisters or descendants of brothers and sisters, or the surviving spouse of the decedent. The affidavit procedure cannot be used if the decedent is survived by other, more remote, collateral relatives such as aunts, uncles, or cousins.

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