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A qualified small succession that transfers immovable property to heirs cannot be recorded until
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Terms in this set (16)
A qualified small succession that transfers immovable property to heirs cannot be recorded until
90 days have elapsed from the date of death.
An action by a third person claiming to be a successor of a deceased person who was not recognized in the small succession affidavit , must file his claim
within 2 yeas from the date of the recordation of the affidavit.
When heirs inherit in a qualified succession, creditors of the deceased
do NOT have a cause of action against parties that were paid money.
Harriet Jackson is the surviving spouse of the Louisiana domiciled decedent who had community property. A properly prepared small succession would contain a statement concerning
the legal usufruct over the community property.
If a domiciliary dies with a will, his family CANNOT
make use of a small succession even if the gross value of his estate is $125,000.
If an heir does not sign the affidavit because he cannot be located, the small succession can be used if
the other heirs state they have exercised reasonable diligence but could not locate the heir
If an heir does not sign the affidavit because he cannot be located, the small succession can be used if the other heirs state
that the absent heir was given ten day's notice by U.S. mail of the heirs intent to execute the affidavit and absent did not object.
A small succession affidavit can be used
when the deceased had movable property with gross value of $125,000 or less and died without a will.
Gross value for a small succession means:
the total value of the decedent's assets before deducting debts.
Immovable property in a small succession
includes all types of immovable property.
The following statement is correct as to heirs in a small succession:all heirs inherit equal portions of the separate estate.The following results in a deceased's estate being disqualified for a small succession:valid testament exists, and decedent was Louisiana domiciliary.In a small succession, if the deceased had no surviving spouse and only one heir:the affidavit must be signed by a second person wo has actual knowledge of the matters stated therein.The following would result in a deceased's estate being disqualified for small succession, if the decedent was a Louisiana domiciliary:testament declared invalid for proper form.Notaries are authorized under small succession law to also file judicial successions:under NO circumstances and the notary will be subject to criminal penalties for "practicing law".Small succession affidavits:need not be witnessed as long as the affiants were duly sworn.