Franklin Parish Affidavit of Death and Heirship Forms (Louisiana)

Express Checkout

Form Package

Affidavit of Death and Heirship

State

Louisiana

Area

Franklin Parish

Price

$29.97

Delivery

Immediate Download

Payment Information

Please provide a valid email.
Please provide a valid first name.
Please provide a valid last name.
Please provide a valid card number.
Please provide a valid security code.
Please provide a valid billing zip code.
You must agree before submitting.
You must agree before submitting.

Included Forms

All Franklin Parish specific forms and documents listed below are included in your immediate download package:

Affidavit of Death and Heirship Form

Affidavit of Death and Heirship Form Page 1

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 7/28/2023

Affidavit of Death and Heirship Guide

Affidavit of Death and Heirship Guide Page 1

Line by line guide explaining every blank on the form.
Included document last reviewed/updated 4/4/2023

Completed Example of the Affidavit of Death and Heirship Document

Completed Example of the Affidavit of Death and Heirship Document Page 1

Example of a properly completed form for reference.
Included document last reviewed/updated 5/17/2023

Included Supplemental Documents

The following Louisiana and Franklin Parish supplemental forms are included as a courtesy with your order.

Frequently Asked Questions:

How long does it take to get my forms?

Forms are available immediately after submitting payment.

What are supplemental forms?

Often when a deed is recorded additional documents are required by or Franklin Parish. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

How do I get my forms, are they emailed?

After you submit payment you will see a page listing the Franklin Parish forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.

What type of files are the forms?

All of our Franklin Parish Affidavit of Death and Heirship forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Can the Affidavit of Death and Heirship forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Franklin Parish that you need to transfer you would only need to order our forms once for all of your properties in Franklin Parish.

Are these forms guaranteed to be recordable in Franklin Parish?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Franklin Parish including margin requirements, content requirements, font and font size requirements.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

Areas Covered by These Affidavit of Death and Heirship Forms:

  • Franklin Parish

Including:

  • Baskin
  • Chase
  • Crowville
  • Fort Necessity
  • Gilbert
  • Jigger
  • Winnsboro
  • Wisner

What is the Louisiana Affidavit of Death and Heirship

When a decedent dies, her property, rights, and obligations at the time of death, and those acquired after death, comprise her estate (La. Civil Code Art. 872). The legal process of transferring a decedent's estate to successors is referred to as succession in Louisiana.

By operation of law, a decedent's heirs automatically succeed to an interest in the decedent's property at the decedent's death (Civil Code Art. 935). Though a judicial process may not be required, heirs must take steps to "conform the record title to the rights of ownership provided by" Louisiana Code. Failure to do so "inhibits the ability of family members lacking record title to exercise their rights of ownership of property including the rights to sell, to encumber, and to seek federal aid" in the future. Filing the correct document in the parish land records updates the chain of title and provides a clear record of succession. Consult an experienced succession lawyer to advise which process is appropriate for the situation.

There are several alternate options in Louisiana for transferring property from a decedent to his heirs, such as small succession, a judicial process, or filing an affidavit under La. Code of Civil Procedure Art. 3432, a non-judicial process. These options are available when the estate meets certain requirements.

When the size of the estate is less than $125,000.00, or the succession in Louisiana is ancillary to probate or succession opened elsewhere, the estate may qualify as a small succession under La. Code of Civil Procedure Art. 3421. A judicial succession is always required when a decedent dies testate (with a will), regardless of the estate size.

Small succession is not required, however, when the conditions above apply AND the decedent died intestate with his sole heirs being descendants (children), ascendants (parents), siblings or descendants of siblings, and/or a surviving spouse (CCP 3431). Exceptions also apply for wills probated outside Louisiana.

When a small succession is not required because the decedent died intestate and her sole heirs are those stated above, file an affidavit of death and heirship under La. Code of Civil Procedure Art. 3432.

A minimum of two people must execute the affidavit, including the surviving spouse, if applicable, and one or more heir of the age of majority (18) in the State of Louisiana. An affiant may also be a third party with knowledge of the facts contained within. Art. 3432 of the Code of Civil Procedure indicates an option for one or more original affidavits in some situations. The wrong paperwork can lead to unnecessary expenses, so consult an attorney to confirm the best procedure for the specific case.

Note the name, address, and relation of each affiant to the decedent in the affidavit. The affiants must be duly sworn before any officer or person authorized to administer oaths in the place where the affidavit is executed.

Statutory requirements for the content of the affidavit include the decedent's date of death and his address of primary residence at the time of death; a statement that the decedent died intestate; the martial status at the time of death and the surviving spouse's last-known residence, if applicable.

In addition, the affidavit lists the name, last known address, and relationship to the decedent of each heir. Each heir's respective interest in the decedent's property, and whether a legal usufruct of the surviving spouses attaches to the property, should be noted. If any heir does not join as an affiant, the affidavit should state that either the heir could not be located or was given notice of the intent to execute the affidavit and did not object.
The affidavit describes the property left by the decedent and indicate whether the property is community property or separate property. The description of any immovable property "must be sufficient to identify the property for purposes of transfer" (CCP 3432(A)(5)). The affidavit should also show the value of each item of property and the aggregate value of all property at the time of death.

Finally, the affiant's signature affirms that the signers accept the succession of the decedent and that the information contained in the affidavit is true, correct, and complete to the best of the signer's knowledge. The statements are made under penalty of perjury.

Aside from these content requirements, the affidavit must be in recordable form. File the affidavit along with a copy of the decedent's death certificate in the conveyancing records of the parish where the immovable property described within the document is situated. When the affidavit pertains to immovable property, file after 90 days have passed since the decedent's death.

Consult an experienced succession lawyer in the State of Louisiana with questions about immovable property, affidavits of death and heirship, any other issues related to probate or decedent's property in Louisiana, as the law is complex, and each situation is unique.

Our Promise

The documents you receive here will meet, or exceed, the Franklin Parish recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Franklin Parish Affidavit of Death and Heirship form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

Reviews

4.8 out of 5 (4167 Reviews)

Daniel L.

September 25th, 2023

so far appears to meet my needs!

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Edward B.

September 22nd, 2023

I was looking for a certain form I needed. Deeds.com had the necessary form and I was able to purchase it with little effort on my part. This was a good customer experience.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Jerry G.

September 21st, 2023

I found the document confusing and I don't think I can use it.

Reply from Staff

Thank you for your feedback. We recognize that do-it-yourself legal documents may not be suitable for everyone. We always advise all our customers to seek assistance from a legal professional familiar with their specific situation for any form they do not completely understand. For your convenience, we have canceled your order and processed a refund.

eduardo r.

June 29th, 2022

Very easy to fill out forms thank you very much

Reply from Staff

Thank you!

LEROY S.

March 8th, 2022

Thank you for your kind help. Great help.
VR
Roy F. Sutton

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Bill M.

March 10th, 2021

PROS: Quick communication. Completed the task expediently.

CONS: Deciphering what was being referred to on the website when needing the proper classification wasn't clear. Had to delve through your unfamiliar territory. But managed.

OVERALL: Got the job done swiftly and the end result was satisfactory. Will use again.

Reply from Staff

Thank you!

Gina M.

August 25th, 2021

Wow, great forms. They do have some protections in place to keep you from doing something stupid but if you use the forms as intended they will work perfectly for you.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

John L.

February 4th, 2020

Everything worked great. I hope I can get back to the document if I need to make changes.

Thanks,
John Lazur

Reply from Staff

Thank you!

katherine a.

July 20th, 2021

loved the ease of use for the forms.
went on line to find out about Adobe Reader, too. Had a test to see if I had it. Took few seconds. Then on to ordering and downloading which took only 5 minutes for the three forms I wanted.
Thanks, Katie Anderson

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Duane S.

June 5th, 2019

Really glad to find your site. Made filing so much easier.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Jay G.

June 14th, 2019

Impressed by their expeditious response to my request which was facilitated by their fabulous software.

Reply from Staff

Thank you!

Khadija K.

March 2nd, 2023

Great Service. Not only the required form, but also the state guidelines. Thank you for making it easy.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Patrick N.

October 18th, 2020

Everything I expected. Faster and less expensive than my lawyer.

Reply from Staff

Thank you!

Beata K.

November 14th, 2019

Loved it! Extremely easy to use. Quick and efficient. I was able to officially record my documents within a day.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

M T.

November 4th, 2019

Really nice deed form and guide the whole process was super easy.

Reply from Staff

Thank you!