6.2.2 Required Information in the Affidavit

The required information is set out in the statute and is generally the same information that would be contained in the documents of a court succession: date of death, marital status, domicile and last residence, spouse and family information, and the names and last known addresses of all the heirs.1 If any of the heirs died intestate without being put into legal possession of the property, include their information in the Affidavit and name the still living heirs who inherit through representation.

There should also be a listing of the decedent’s property, along with the values of the property.2 The legal description of any immovable property must be included.3 The heirs must swear under penalty of perjury that the information contained in the affidavit is true, correct, and complete to the best of their knowledge, information, and belief.4

A certified death certificate should be attached to the Affidavit.5

  • 1La. C.C.P. art. 3432.
  • 2Id.
  • 3Id.
  • 4La. C.C.P. art. 3432.
  • 5La. C.C.P. art. 3434(C)(1). Act 44 of 2022 further simplified this procedure: “For recordation purposes, a photocopy of the certified death certificate may serve as, and take the place of, the certified copy of the death certificate.”

Disclaimer: The articles in the Gillis Long Desk Manual do not contain any legal advice.