Mandeville, LA asked in Estate Planning for Louisiana

Q: Is there a statute of limitations in Louisiana on using the small estate affidavit? My g-father died intestate in 1945.

G-mother passed intestate in 1984. At time of his death, the property was worth $9,000.

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1 Lawyer Answer
Christie Tournet
Christie Tournet
  • Estate Planning Lawyer
  • Mandeville, LA
  • Licensed in Louisiana

A: No. La CCP Art 3421 defines a small succession as one where a La resident that has passed, without a will, has an estate valued at $125k or less. However, the small succession can also be used for a succession of any value, where a Decedent passed more than 20 years prior to the Affidavit. Still, the Affidavit must meet certain requirements - no Will and only certain intestate heirs can make the Affidavit. So, you will still need to get with a counselor well versed in its form to complete.

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