Q: Can heirs file an Affidavit of Heirship in Louisiana instead of a Small Estate Affidavit?
Decedent passed away 9 years ago, and spouse passed recently. All in Louisiana. No wills. Decedent name on deed, indicating married to spouse. Spouse remained in home until death. Heirs are children. One died after decedent. 3 surviving children all agreeing to sell the home. No divorces or children from another marriage. Value of home estimated $35K. No other community property. Heirs looking to sell home, but need to transfer ownership to them. Thinking the simplest way is an affidavit of heirship. Thinking would need to file 2 separate affidavits.. one for each parent. Can heirs file this document? BTW, decedent has separate property in another Parish in Louisiana. Thinking that would have to be dealt with in that Parish. Either way, total value of his assets under $50K.
A: An affidavit of heirship is an OMV form used only for transfer of titled vehicles. To transfer title from a Decedent to rightful heirs, you must do a succession in some form. If neither had a Will, and the value of each estate is under $125k, you can do the Affidavit of Small Succession. However, it must meet statutory form requirements and you will need to discuss your circumstances with an attorney well versed in probate to confirm that you can proceed that route. Both separate and community property can be addressed in the Affidavit. Then, for immovable property, the Affidavit and death certificate get filed in conveyance records for each parish where property is situated. Best of luck in proceeding.
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