Get Help with the Affidavit of Small Succession Alexandria, Louisiana
Dealing with succession or probate matters in Louisiana probably ranks towards the top of things you don’t want to do. However, in many cases, succession must be filed in order to transfer property after someone dies. Louisiana has its own special set of rules governing successions and estates that must be followed perfectly or else your filing could be rejected and you may have to amend and file again. Our laws are different from every other state and an otherwise easy legal matter can end up getting messy if you aren’t careful. Mistakes on successions can be costly and may prolong an already uncomfortable experience.
The affidavit of small succession in Louisiana provides individuals with an expedited procedure for filing successions as long as they qualify. The State of Louisiana has a set of rules for the affidavit, and if you qualify, allow you to file without having to go through the court. However, many estates do not qualify for many reasons with the most common being the value of the estate. The qualifying estate must be less than $125,000 in total value and fit the guidelines provided by the state in order to be allowed the abbreviated succession process in Louisiana.
As a side note, failure to fully understand the law is not a defense if you try to handle a succession matter on your own and make a mistake.
In an attempt to allow some estates to avoid probate court, the affidavit of small succession allows you to skip the longer probate process which saves time and money. Especially helpful for small estates that don’t own much property, the small estate affidavit is a great way to transfer assets after the death of a loved one.
According to the Code of Civil Procedure, certain small successions can avoid the process of opening up a succession judicially (through court) and can file their affidavit in the public record.
Here are the types of successions the affidavit of small succession covers:
- Estate valued under $125k AND
- The decedent either lived in Louisiana and died without a will; OR
- The decedent lived in another state other than Louisiana and died without a Last Will and Testament (while still under $125k total value); OR
- The decedent lived in outside of Louisiana and their Last Will and Testament was probated by their state’s court.
There are also further rules regarding the types of heirs that can file an affidavit of small succession in Louisiana.
Affidavit Must Be Signed Correctly
I’ve seen my fair share of small estate affidavits that were either filled out correctly, didn’t qualify and were still filed, or signed incorrectly. Issues such as these can force you to file your documents again, so it’s important to speak with us to make sure you get it correct the first time. The proper procedure requires 2 affiants to sign the affidavit in front of a notary and there are certain people who must sign if they are still living. This is another reason why it’s important to speak with a succession attorney to make sure the right people sign and the document is valid.
Flat-Rate Fees Available
The Andries Law Firm, LLC charges flat-rate fees on successions that fit into this category. Fat-rate legal fees are superior to hourly and allow you to contact your attorney anytime you have questions without being charged by the minute. Answering questions and making the succession procedure as easy as possible is our goal.
Set an Appointment
We make setting an appointment to speak with us easy. You can send us an email to Jerome@AndriesLawFirm.com or send us a quick message from this website and we will respond to your request as soon as we can. You can also call us at (318) 269-5857 and leave us a message.