Bulletin: LA2024004

Dear Associates:

The Louisiana Legislature in 2024 Regular Session passed an extensive revision to those articles of the Code of Civil Procedure relative to Small Successions. Act 90 is effective August 1, 2024.

The act makes non-substantive revisions to the Code of Civil Procedure aimed at clarification of existing law relative to small successions and the appropriate use of a small succession affidavit. In addition to clarification and a more intuitive structure, the act also makes the following substantive changes relative to small successions.

CCP 3421 – Now allows the estate of a decedent who dies testate and domiciled in Louisiana with immovable property to qualify for a small succession. This qualification is for purposes of the reduced probate costs only and does not extend to use of a small succession by affidavit.

CCP 3422 – The revision removes the antiquated minimum cost for small successions.

CCP 3431 – The ability to use a small succession affidavit for testate successions of a decedent domiciled in Louisiana has been modified. Use of the small succession affidavit in this situation is still prohibited when there is immovable property but does allow use of the small succession affidavit regardless of who are made legatees under the testament. The modification also requires the surviving spouse, all heirs under the testament, and all persons who would inherit in the absence of a testament to waive probate of the testament.

CCP 3432 – Extends the notice period to heirs not signing the affidavit to thirty (30) days.

CCP 3432.1 – Expands who must join the small succession affidavit for testate successions of a decedent domiciled in Louisiana to include all heirs and legatees.

CCP 3434 – Removes both the requirement to attach a death certificate for the decedent to a small succession affidavit and the ninety (90) day “waiting” period following decedent’s death.

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