Orleans Parish Affidavit of Death and Heirship Form

Orleans Parish Affidavit of Death and Heirship Form
Fill in the blank form formatted to comply with all recording and content requirements.

Orleans Parish Affidavit of Death and Heirship Guide
Line by line guide explaining every blank on the form.

Orleans Parish Completed Example of the Affidavit of Death and Heirship Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional Louisiana and Orleans Parish documents included at no extra charge:
Where to Record Your Documents
Civil District Court Clerk: Land Records Division
New Orleans, Louisiana 70112
Hours: 8:30 to 5:00 M-F
Phone: 504-407-0005
Recording Tips for Orleans Parish:
- Check that your notary's commission hasn't expired
- Make copies of your documents before recording - keep originals safe
- Ask for certified copies if you need them for other transactions
Cities and Jurisdictions in Orleans Parish
Properties in any of these areas use Orleans Parish forms:
- New Orleans
Hours, fees, requirements, and more for Orleans Parish
How do I get my forms?
Forms are available for immediate download after payment. The Orleans Parish forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Orleans Parish?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Orleans Parish including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Orleans Parish you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Orleans Parish?
Recording fees in Orleans Parish vary. Contact the recorder's office at 504-407-0005 for current fees.
Questions answered? Let's get started!
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.
(Louisiana AOD Package includes form, guidelines, and completed example)
Important: Your property must be located in Orleans Parish to use these forms. Documents should be recorded at the office below.
This Affidavit of Death and Heirship meets all recording requirements specific to Orleans Parish.
Our Promise
The documents you receive here will meet, or exceed, the Orleans 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 Orleans 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.
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July 15th, 2021
The service was prompt and attentive to my questions. I would've just appreciated a heads up that I also needed to contact the county directly (and provide contact info) to receive a certified copy of the document (Notice of Commencement) in order to submit the certified copy to the Building Department. This was an extra step that I haven't had to complete before using another eRecording service. Even if this extra step is a result of the county's system. I would still have expected a head's up (since there wasn't any info regarding this on the county's site for eRecording).
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