Who Can Execute Or Sign An Affidavit In Louisiana?

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The affidavit must be signed by at least two persons including the surviving spouse, if any, and one or more competent major heirs of the deceased person.

Who Is Required To Sign The Affidavit If The Deceased Had No Surviving Spouse?

If there is no surviving spouse, the affidavit must be signed by at least two of the heirs.

What If There Is No Surviving Spouse And Only One Heir?

If there is no surviving spouse and only one heir, the affidavit must be signed by one heir and a second person who has actual knowledge of the matters stated in the affidavit. It has to be someone who is competent to sign the affidavit. The person is under the penalty of perjury and must be telling the truth.

If One Of The Heirs Is A Minor, Can He Sign The Affidavit?

A minor cannot sign an affidavit. However, his natural tutor or guardian may sign and execute the affidavit on behalf of the minor heir. It is also provided that no formal guardian proceedings are necessary to obtain court permission for the natural tutor to sign the affidavit. This gives protection to those who are using this to keep the cost down. If the law would require for the guardian or the tutor to have to get judicial approval to sign this affidavit, that would run up attorney’s fees and court costs. In Louisiana, a natural tutor or guardian is the mother or the father of the minor child.

Can A Person Who Died Outside The State Of Louisiana Testate Use The Affidavit Procedure?

A person who died testate in another state can use the affidavit procedure with certain changes to the signed affidavit.

What Changes Are Required?

In an out of state affidavit, the affidavit must have attached to it certified copies of the testament of the out of state domiciled deceased person and the probate order of the other state’s court, which probated the will and finalized who the heirs of that person were.

What Does An Heir Use To Prove He Is Entitled To Ownership And Possession Of An Asset?

The Louisiana Code of Civil Procedure provides that a multiple original of the actual affidavit shall be full and sufficient proof of the heir’s ownership and possession of any item owned by the deceased, and that is described in the affidavit. The code lists the following types of assets that can be transferred in this fashion: assets at a bank, financial institution, or trust company or assets held by any person having such property in his possession or under his control. The same goes for any stocks or registered bonds in the name of the deceased and described in the affidavit.

If land is an asset of the estate, you need to record a multiple original of the affidavit with a certified copy of the decedent’s death certificate attached in the conveyance records in the clerk of court’s office in the parish where that land or immovable property is located, at least 90 days from the date of the decedent’s death. The people who are affected by this statute who are the holders of estate assets are protected by its law. If they transfer or pay over to the heirs listed in the affidavit, the law protects them and says they are protected so long as they produce the affidavit and are holding the decedent’s property.

Additionally, there are provisions in the Louisiana Code of Civil Procedure to protect the rights of an absentee or non-cooperative heir. If someone has died and one of his children has not been heard from in some period of time or if you locate one of the children and he or she is just not cooperative, the court will appoint an attorney to represent that person and to protect his or her assets until he or she can be located or become cooperative.

Louisiana law has made it easy and cost efficient to transfer the deceased’s assets to his heirs when there are few assets, no complications, and few debts. However, since there are no judges involved in supervising what’s going on with a small succession, you must very meticulously comply with the requirements of law. You can get one done at a much reduced cost because attorney’s fees to do this kind of a succession are just a fraction of what it would be to open it under judicial supervision. The court costs to file the documents and have them processed by the clerk of courts office are only a small percentage of what the cost would be if you went into regular probate court to transfer the assets of this deceased person as well.

For more information on Executing Or Signing An Affidavit In Louisiana, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (225) 228-3450.