2006 Louisiana Laws - RS 9:1552 — Administration of successions of value of $500 or less

§1552.  Administration of successions of value of $500 or less

A.  Upon notification by the coroner of the burial of a person pursuant to the provisions of this Part, the public administrator or the clerk of the district court, as the case may be, shall cause the successions of such persons to be opened judicially in accordance with the existing provisions of law relative to vacant successions if the judicial opening of the succession is required by law and the succession has not been opened judicially by other proceedings within the delays provided by law.  If the assets of the succession are of the value of five hundred dollars or less, the person or official who qualifies as administrator of the succession if the succession is opened judicially, or the official authorized by law to be appointed administrator but who does not judicially open the succession when the judicial opening of the succession is not required by law, shall not be entitled to any of the fees or compensation otherwise provided by law for the administration of vacant successions until and unless all expenses of burial have been paid in full and there shall be no costs of court, sheriff's costs, or fees payable out of the assets of the succession other than the costs of advertising when required by law, until and unless all expenses of burial have been paid in full.  

B.  The administrator of a vacant succession of the value of five hundred dollars or less shall pay the expenses of the burial of the decedent out of the assets of the succession.  Any remaining assets of the decedent in such a succession shall be sold in accordance with law and the proceeds delivered by the administrator to the parish coroner to defray the expenses of the office of the coroner in the administration of the provisions of this Part.  

C.  The officials authorized by law to be appointed administrators of vacant successions shall have authority to administer those successions having assets of a value of five hundred dollars or less, and having no immovable property, in accordance with the procedure contained in Articles 3431 through 3434 of the Louisiana Laws of Civil Procedure pertaining to small successions.  Such officials shall execute the affidavits required by Article 3432 of the Louisiana Laws of Civil Procedure for heirs or surviving spouses, setting forth the additional fact that no friends or relatives or heirs of the decedent claimed the body of the decedent and that the decedent's burial was provided by the coroner pursuant to the provisions of this Part.  Upon the execution of such affidavits with the endorsement thereon of the inheritance tax collector provided by Article 3433 of the Louisiana Laws of Civil Procedure, the official authorized to be appointed administrator of the vacant succession shall have authority to receive all property and funds of the decedent and to execute a receipt and release therefor in accordance with the provisions of Article 3434 of the Louisiana Laws of Civil Procedure applicable to heirs or surviving spouses.  No judicial opening of the succession shall be required, and the official authorized hereby to act shall sell any property of the decedent, other than immovables, without inventory or appraisement or advertisement or judicial authorization to such persons at private sale upon such terms and conditions and for such price as said official shall determine in his sound discretion.  The proceeds of such sales and the funds of the decedent shall be disbursed in accordance with the provisions of this Section.  

D.  If the inheritance tax collector has been notified by the coroner of the burial of a person pursuant to the provisions of this Part, he shall not execute the certificate provided by Article 3433 of the Louisiana Laws of Civil Procedure for the administration of small successions, wherein no judicial opening is required, unless and until he shall ascertain that the heirs of the decedent have paid for the expenses of the burial of the decedent either out of the decedent's assets or with their own funds.  

E.  No coroner, public administrator, or clerk of court shall be liable for any good faith acts taken or performed by him or pursuant to his direction in the performance of his duties or in the exercise of his sound discretion pursuant to the provisions of this Part.  No bond shall be required of said officials for the faithful performance of the additional duties imposed by this Part.  

Added by Acts 1963, No. 92, §1.