Louisiana - Saint Bernard Parish Affidavit of Death and Heirship Forms

Included Forms

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

Affidavit of Death and Heirship Form - Saint Bernard Parish

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 3/8/2022

Affidavit of Death and Heirship Guide - Saint Bernard Parish

Line by line guide explaining every blank on the form.
Included document last updated 8/10/2022

Completed Example of the Affidavit of Death and Heirship Document - Saint Bernard Parish

Example of a properly completed form for reference.
Included document last updated 5/10/2022

Included Supplemental Documents

The Following Louisiana and Saint Bernard Parish supplemental forms are included as a courtesy with your order.

Certificate of Acknowledgment - Individual (Louisiana Document)

Certificate of Acknowledgment - Representative (Louisiana Document)

Jurat (Louisiana Document)

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 Louisiana or Saint Bernard 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 Saint Bernard 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 Saint Bernard 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 Saint Bernard Parish that you need to transfer you would only need to order our forms once for all of your properties in Saint Bernard Parish.
• Are these forms guaranteed to be recordable in Saint Bernard Parish ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Saint Bernard 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:

• Saint Bernard Parish

Including:

• Arabi
• Chalmette
• Meraux
• Saint Bernard
• Violet

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 Saint Bernard 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 Saint Bernard 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.

Customer Reviews:

4.8 out of 5 (3723 Reviews)

September 29th, 2022

Name: David M.

Review: Holy cow. I was told by several people that getting a deed recorded would take 7-10 days. So I thought I'd give deeds.com a try with their e-filing service. I created my account and submitted my deed around 4:00 p.m. and it was recorded before I woke up the next morning. Awesome service! Totally worth the $19 service fee.

Reply from Staff on September 29th, 2022

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September 28th, 2022

Name: Angel C.

Review: Solid forms hitting all the marks (statutory requirements) Fairly simple to accomplish what I was looking to do with minimal research. Would certainly use again when needed.

Reply from Staff on September 28th, 2022

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September 28th, 2022

Name: ian a.

Review: Your website advertising was somewhat deceptive regarding doing a quitclaim on a name change. "If you are transferring the property to yourself under your new name, all you have to do is update the deed from your former name to your current one." This made this sound easy. But when I downloaded the material for my state, expecting to find an example, there was no example of how to do a name change quitclaim deed! I therefore had to figure this out myself. You might have provided a warning about certain uses that were not covered in the material so that people know ahead of time that the use they needed to know about wasn't covered in the material.

Reply from Staff on September 28th, 2022

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Name: Joseph T.

Review: I downloaded the wrong form, how do I change this, or can I?

Reply from Staff

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Name: Georgiana I.

Review: The deed itself was easy. I did notice that although the website says that the deed would exempt the house from probate, the deed clearly states that it might not. I hope that "might " is the operative word here.

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Name: Marion Paul W.

Review: Quick service .Easy download.I ordered Quit Claim and should have ordered warranty deed. I will make it work

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Name: Karen C.

Review: Easily find and print forms necessary for peace of mind.

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Review: Easy to use and super convenient.

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Name: Christopher B.

Review: The service was simple and easy enough but the UI isn't the easiest on the eyes and the process is a tad strange.

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Name: Therese L.

Review: Good instructions and example

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Name: Robert W.

Review: very good forms and easy to print and read. I need a notary form from a different state. We are both from the state of Michigan. This would make it easier to complete out of the State of Utah. Thanks Robert W.

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