§ Art. 3434 Endorsed copy of affidavit authority for delivery of property

Codes > Louisiana Code of Civil Procedure > Book I > Title V : Chapter 2 > Art. 3434

Art. 3434. Endorsed copy of affidavit authority for delivery of property

    A. A multiple original of the affidavit authorized by Article 3432, shall be full and sufficient authority for the payment or delivery of any money or property of the deceased described in the affidavit to the heirs of the deceased and the surviving spouse in community, if any, in the percentages listed therein, by any bank, financial institution, trust company, warehouseman, or other depositary, or by any person having such property in his possession or under his control. Similarly, a multiple original of an affidavit satisfying the requirements of this Article shall be full and sufficient authority for the transfer to the heirs of the deceased, and surviving spouse in community, if any, or to their assigns, of any stock or registered bonds in the name of the deceased and described in the affidavit, by any domestic or foreign corporation.

    B. The receipt of the persons named in the affidavit as heirs of the deceased, or surviving spouse in community thereof, constitutes a full release and discharge for the payment of money or delivery of property made under the provisions of this Article. Any creditor, heir, succession representative, or other person whatsoever shall have no right or cause of action against the person paying the money, or delivering the property, or transferring the stock or bonds, under the provisions of this Article, on account of such payment, delivery, or transfer.

    C. (1) A multiple original of the affidavit, to which has been attached a certified copy of the deceased's death certificate, shall be recorded in the conveyance records in the office of the clerk of court in the parish where any small succession immovable property described therein is situated, after at least ninety days have elapsed from the date of the deceased's death.

        (2) An affidavit so recorded, or a certified copy thereof, shall be admissible as evidence in any action involving small succession immovable property to which it relates or is affected by the instrument, and shall be prima facie evidence of the facts stated therein, including the relationship to the deceased of the parties recognized as heir, surviving spouse in community or usufructuary as the case may be, and of their rights in the small succession immovable property of the deceased.

        (3) An action by a person, who claims to be a successor of a deceased person but who has not been recognized as such in an affidavit authorized by Article 3432, to assert an interest in small succession immovable property formerly owned by the deceased, against a third person who has acquired an interest in the small succession immovable property, or against his successors by onerous title, is prescribed in two years from the date of the recording of the affidavit in accordance with this Paragraph.

    LEGISLATIVE INTENT--ACTS 2009, NO. 81

    Section 3 of Acts 2009, No. 81 (§ 1 of which amended this article and C.C.P. arts. 3421, 3431, and 3432, and § 2 of which repealed C.C.P. art. 3433) provides:

    “Section 3. The provisions of this Act are not intended to establish any necessity to open a succession judicially which does not qualify as a small succession.”