6.2.3 Signing the Affidavit

At least two persons, including the surviving spouse, must sign the Affidavit.1 If there is no surviving spouse, then at least two competent major heirs must sign.2 If the deceased had no surviving spouse and only one heir, the affidavit must also be signed by a second person who has actual knowledge of the matters stated therein.3 A natural tutor may also execute the affidavit on behalf of a minor child without the necessity of filing a petition pursuant to Article 4061.4

If there are any heirs who do not sign the Affidavit, the completed Affidavit must be mailed to their last known address(es), and they must be given at least 10 days to object.5 If any heir cannot be located after a diligent search, then that fact can be stated in the Affidavit. 

• 1La. C.C.P. art. 3432(A).
• 2Id.
• 3La. C.C.P. art. 3432(B).
• 4La. C.C.P. art. 3432(C).
• 5La. C.C.P. art. 3432(A)(4).