Why Do You Need These Deeds?

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Deeds provide the legal descriptions of the property or properties owned by the decedent. These legal descriptions are used in the probate proceedings and in the judgment of possession in the succession. They are also used to check with the clerk of court’s records to determine if any mortgages, judgments, or liens are recorded against any property or properties. The deed will also show the date the item or property was acquired and the decedent’s marital status when it was acquired. This will establish if the property is his separate property or if it is community property. The fifth item to locate would be a copy of the title to any vehicle which is registered with the state of Louisiana.

Why Do You Need The Vehicle Titles Or Registration Papers?

The vehicle title or registration papers are needed because they contain the title numbers and/or registration numbers which will be required in the probate proceedings. In some successions, it may be advisable or necessary to dispose of one or more of the state registered vehicles without waiting for the completion of the entire legal process of the succession to be finalized, which could take anywhere from several weeks to several months.

In some cases, there may be someone wanting to purchase one of the vehicles but needing it right away, or perhaps there is insurance due to be paid on it and the succession does not have the funds to pay it. In such instances, the state of Louisiana allows the use of a Department of Motor Vehicles’ affidavit form to put in effect an immediate transfer. This affidavit—when signed by the surviving spouse and each heir or legatee—would put in effect an immediate title transfer. It contains the title and registration number of the vehicle and the names and the signatures of the surviving spouse and the heirs or the legatees. This is then presented by the state to the buyer to effect an immediate transfer of that vehicle. The sixth item to obtain would be copies of recent statements of checking and savings accounts, CDUs, IRA accounts, retirement accounts, or investment accounts.

What Use Is Made Of These Documents?

Recent statements associated with checking and savings accounts, CDs, IRAs, 401 (k)s, retirement accounts, and investment accounts will contain account numbers and contact information for use by the executor or administrator or by the heirs and the legatees to effect transfer of the account proceeds. These account numbers are also used in the probate proceedings and contained in the detailed descriptive list, the petition for possession, and the judgment of possession. The seventh item to be located would be a copy of funeral, monument, mausoleum or cemetery bills, as well as medical bills related to the decedent’s last illness and a list of current, regular monthly bills such as insurance, utilities, credit cards, and evidence of any other debt.

Why Do You Need These?

These must all be listed in the probate proceedings in the detailed descriptive list. Whoever is handling the succession must locate and examine each of the current monthly bills, including utilities, credit cards, and insurance on the automobiles and the home. If not paid in a timely manner, insurance may lapse and services may be disrupted, which is why it is important to locate all recurring bills. The eighth item to be located is a cluster of three items, which include the decedent’s death certificate, his marriage license to his current wife, and the birth certificates of each of his children.

What Use Is To Be Made Of These Items?

This information is necessary in the probate of the decedent’s estate to compose the affidavit of death and heirship, the petition for possession, and the judgment of possession. These items readily establish who are the decedent’s heirs and who will require title in his estate’s assets unless otherwise disposed of in a will and testament. They are, therefore, among the most important items to locate and should be searched for diligently. The ninth item to locate is a safety deposit box key.

For more information on Deeds And Title To Property Of Decedent, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (225) 228-3450.