RÉSUMÉ DIGEST
HB 295 2021 Regular Session Seabaugh
Present law (C.C.P. Art. 3431(A)) provides for the following circumstances when it is not
necessary to judicially open a small succession:
(1) For a person domiciled in La. and who died intestate or testate, leaving no
immovable property and the probate of the testament would have the same effect as
if the deceased died intestate.
(2) For a person domiciled outside of La. who died intestate or whose testament has been
probated by a court order of another state and whose sole heirs were the following:
(a) Descendants.
(b) Ascendants.
(c) Brothers or sisters, or descendants thereof.
(d) Surviving spouse.
(e) Legatees under a testament.
Proposed law would have retained present law in that it would not have been necessary to
open a small succession for a person who died testate and was domiciled in La. if probate of
the testament of the deceased would have the same effect as if the deceased had died
intestate. Proposed law would have removed the provision requiring the deceased to not
leave immovable property.
Present law (C.C.P. Art. 3434) provides for a certified copy of the deceased's death certificate
to be attached to a small succession affidavit.
Proposed law (C.C.P. Art. 3434(C)(1)) would have removed the present law requirement to
attach a certified copy of the deceased's death certificate. Proposed law would have required
either an authentic act of the affidavit or a copy of the deceased's death certificate.
(Proposed to amend C.C.P. Arts. 3431(A) and 3434(C)(1); proposed to repeal C.C.P. Art.
3421(B))
VETO MESSAGE:
"This bill, as finally passed, would eliminate the requirement that a certified copy of a death
certificate be attached to the affidavit required to administer a small succession outside of
probate. It is clear from committee debate in both chambers that the intent of both the author
and the committees is that the legislation eliminate the necessity of a certified copy of the
death certificate but alternatively require the affidavit to be an authentic act with a copy of
the death certificate attached. Instead, the bill requires either an affidavit with a copy of the
death certificate or an affidavit that is an authentic act."