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      CCP 4134     


Art. 4134.  Natural tutor; bond; recordation of certificate of inventory or detailed descriptive list

A.  Except as provided in Article 4135, a natural tutor shall not be required to furnish bond, but shall record in the mortgage records of the parish of his domicile a certificate of the clerk setting forth the date of birth of the minor, the last four digits of the social security number of the tutor and the total value of the minor's property according to the inventory or detailed descriptive list filed in the tutorship proceeding.  If the minor has no assets, then no certificate need be filed until he acquires assets.  If the only asset is a contested claim, then no certificate need be filed until the claim is recovered, as provided in Article 4131(D).  A certificate of the recorder of mortgages setting forth the recordation of the clerk's certificate shall be filed in the tutorship proceedings before the tutor is appointed or letters of tutorship are issued.

B.  Within thirty days after his appointment, the natural tutor shall cause the clerk's certificate to be recorded in the mortgage records of every other parish in the state in which he owns immovable property.

C.  The recordation operates as a legal mortgage for the amount of the certificate in favor of the minor on all the immovable property of the tutor situated within any parish where recorded.  A certificate recorded in the amount of zero dollars shall not create a legal mortgage.  If the certificate does not contain the information required by Paragraph A of this Article, it will not be effective against third parties.

D.  The legal mortgage shall prescribe four years after the minor reaches majority and shall be canceled from the mortgage record upon the request of any interested party.

Acts 1983, No. 344, §1; Acts 2003, No. 728, §1; Acts 2004, No. 322, §1; Acts 2014, No. 189, §1.

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