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 any of the following persons:

            (1) A person domiciled in Louisiana who died intestate.

            (2) A person domiciled in Louisiana who died testate leaving no immovable property in Louisiana, if the surviving spouse, all persons who would inherit under the testament, and all other persons who would inherit in the absence of a testament agree to waive probate of the testament.

            (3) A person domiciled outside of Louisiana who died intestate or whose testament has been 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, if the estate of the deceased would qualify as a small succession, for transmittal to the state, provided that there is no surviving spouse or other heir present or represented in the state and provided that the public administrator has advertised one time in the official journal of the parish where a succession would have been opened in accordance with Article 2811 and verifies that no notice of opposition has been received.

            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 the 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            D. Repealed by Acts 2011, No. 323, §2, eff.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; Acts 2012, No. 618, §1, eff. June 7, 2012; Acts 2020, No. 173, §1; Acts 2024, No. 90, §1.