Q: Can one signee on a small estate affidavit for Louisiana get their signature notarized in California?
The home is in Louisiana, I live in California but I am 1 of 2 signatures required per the form. Must the signators reside in Louisiana?
A: I very much doubt Louisiana would require you to reside there in order to sign the affidavit. Notarizations are always completed in the state where the signer is signing, which most often is their residence.
A: It's not common for signers of Small Estate Affidavits to be required to live in the state where the deceased person's property is located. But, that having been said, the answer to your question would be based on Louisiana law, which is very different than the laws of the other 49 states. All states except Louisiana use what is called "common law". Louisiana is the only state with a legal code that is primarily based on civil law. I won't bore you with the details other than to say you should find a lawyer familiar with Louisiana law just to confirm the answer to your question.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
