2011 Louisiana Laws
Code of Civil Procedure
CCP 3431 — Small successions; judicial opening unnecessary
CHAPTER 2. WHEN JUDICIAL PROCEEDINGS UNNECESSARY
Art. 3431. Small successions; judicial opening unnecessary
A. It shall not be necessary to open judicially the small succession of a person domiciled in Louisiana who died intestate, or domiciled outside of Louisiana whose testament has been probated by court order of another state, and whose sole heirs are the following:
(1) His descendants.
(2) His ascendants.
(3) His brothers or sisters, or descendants thereof.
(4) His surviving spouse.
(5) His legatees under a testament probated by court order of another state.
B. Any person appointed as public administrator by the governor may use the affidavit procedure of this Chapter to take possession of the estate of the deceased for transmittal to the state provided there is no surviving spouse or other heir present or represented in the state, and provided he has advertised one time in the official journal of the parish where a succession would have been opened under Article 2811, and verifies that he has received no notice of opposition.
C. The legal notice required in Paragraph B of this Article shall read as follows:
"Notice is hereby given to any heirs or creditors of __________ that _________, Public Administrator for the parish of _______________, intends to administer the intestate succession of __________________, under the provisions of Small Successions as set forth in Chapter 2 of Title V of Book VI of the Code of Civil Procedure.
Anyone having an objection to such administration of the succession should notify ________________ at _________________________________."
D. Repealed by Acts 2011, No. 323, §2, eff. June 29, 2011.
Amended by Acts 1984, No. 623, §1, eff. July 12, 1984; Acts 1990, No. 701, §1; Acts 1995, No. 111, §1; Acts 2006, No. 257, §1, eff. June 8, 2006; Acts 2009, No. 81, §1, eff. June 18, 2009; Acts 2011, No. 323, §§1, 2, eff. June 29, 2011.
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