Saint Charles Parish Affidavit of Death and Heirship Forms (Louisiana)
Express Checkout
Form Package
Affidavit of Death and Heirship
State
Louisiana
Area
Saint Charles Parish
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Saint Charles Parish specific forms and documents listed below are included in your immediate download package:
Affidavit of Death and Heirship Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 4/9/2024
Affidavit of Death and Heirship Guide
Line by line guide explaining every blank on the form.
Included document last reviewed/updated 4/16/2024
Completed Example of the Affidavit of Death and Heirship Document
Example of a properly completed form for reference.
Included document last reviewed/updated 2/27/2024
Included Supplemental Documents
The following Louisiana and Saint Charles 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 Louisiana or Saint Charles 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?
Forms are NOT emailed to you. Immediately after you submit payment, the Saint Charles Parish forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.
What type of files are the forms?
All of our Saint Charles 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 Charles Parish that you need to transfer you would only need to order our forms once for all of your properties in Saint Charles Parish.
Are these forms guaranteed to be recordable in Saint Charles Parish?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Saint Charles 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 Charles Parish
Including:
- Ama
- Boutte
- Des Allemands
- Destrehan
- Hahnville
- Luling
- New Sarpy
- Norco
- Paradis
- Saint Rose
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.
(Louisiana AOD Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Saint Charles 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 Charles 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 (4324 Reviews)
Michael L.
April 25th, 2024
Professional, simple. Very good.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Barbara A.
April 25th, 2024
Always helpful!\r\n
We are thankful for your continued support and feedback, which inspire us to continuously improve. Thank you..
Mark E.
April 25th, 2024
This was easy to use and only contained one glaring error-where to send the completed form to finish the process. I’ve completed the form, does this mean I get the amended deed sent to me? I think not.
Your insights are invaluable to us and help us strive for better service. Thank you for taking the time to share your thoughts.
James B.
July 31st, 2019
Your website is very easy to use. No problem downloading the forms.
Thank you!
Susan C.
January 16th, 2019
Hi
When and how will I get the copy of my deed ?
Thanks
Thanks for reaching out. Looks like the document you ordered has been available for you to download from your account since January 15, 2019 at 11:46 am.
DAVID JOHN M.
February 25th, 2019
The Transfer On Death Deed did work for New Mexico! Though I did have to add the long property description to the "Exhibit" page that was included with the document. Great website! Will use again! Thanks!!!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Alan C.
December 10th, 2020
I thought the instructions could have been a little better. I didn't know how to do this if the spouses are married but living in separate residences. Also I didn't understand the "Prior Instrument Reference". That should be explained better. Very sketchy instructions.
Thank you for your feedback. We really appreciate it. Have a great day!
Nicole T.
February 9th, 2021
Absolutely Amazing Service! I learned about Deeds.com, created my Account, uploaded my documents into my Recording Package, paid my Invoice and received my Three Recorded Deeds all in less than two hours! Awesome!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Robert P.
October 22nd, 2020
Excellent product. Wish I had found this site a week earlier. It would have saved me many hours of struggle and $40.00 in notary fees. Thanks and I will recommend to anyone needing forms.
Thank you for your feedback. We really appreciate it. Have a great day!
Janice U.
July 26th, 2019
So far everything is going really well. Thank you!
Thank you!
Ronald D.
July 15th, 2022
very quick and easy to find, confirm, pay, and download documents, well worth the money for peace of mind.
Thank you!
Glenda T.
November 11th, 2020
you made this so easy,user friendly
Thank you for your feedback. We really appreciate it. Have a great day!
Evaristo R.
October 6th, 2020
I was very excited to use the website but unfortunately they had a problem retrieving my Deed but thank you for the opportunity.
Thank you for your feedback. We really appreciate it. Have a great day!
Christi W.
December 9th, 2020
Very simple and made recording a breeze. Worth the fee!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Janice S.
August 31st, 2022
All instructions and forms are very easy to read and fill-out. Thank you
Thank you for your feedback. We really appreciate it. Have a great day!
Legal Forms Disclaimer
Use of Deeds.com Legal Forms:On our Site, we provide self-help "Do It Yourself Legal Forms." By using a form from our Site, you explicitly agree to our Terms of Use. You acknowledge and agree that your purchase and/or use of a form document does not constitute legal advice nor the practice of law. Furthermore, each form, including any related instructions or guidance, is not tailored to your specific requirements and is not guaranteed or warranted to be up-to-date, accurate, or applicable to your individual circumstances.
NO WARRANTY:The Do It Yourself Legal Forms provided on our Website are not guaranteed to be usable, accurate, up-to-date, or suitable for any legal purpose. Any use of a Do It Yourself Legal Form from our website is undertaken AT YOUR OWN RISK.
Limitation of Liability:If you use a Do It Yourself Legal Form available on Deeds.com, you acknowledge and agree that, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LEGAL FORMS OR FOR ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE DEEDS.COM WEBSITE.
Damage Cap:In circumstances where the above limitation of liability is prohibited, OUR SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE CAPPED AT $100.00.