Affidavit of Death of Co-Owner (Louisiana)

IMPORTANT LEGAL NOTICE — LOUISIANA DOES NOT RECOGNIZE JOINT TENANCY WITH RIGHT OF SURVIVORSHIP FOR IMMOVABLE (REAL) PROPERTY
Louisiana is a CIVIL LAW jurisdiction. It does NOT recognize joint tenancy with right of survivorship (JTWROS) for immovable (real) property. Co-owners of an immovable hold in indivision (La. C.C. arts. 797-818), and on the death of a co-owner that co-owner's undivided interest does NOT pass to the survivor by survivorship — it passes to the decedent's heirs or legatees through succession. This affidavit therefore does NOT clear title by survivorship. It serves only as a recorded notice of the co-owner's death pending the succession. Title to the decedent's undivided interest is cleared by a Judgment of Possession rendered in the succession proceeding (La. C.C.P. art. 3061), which is then recorded in the conveyance records of the parish. Use this affidavit to give record notice of death; open a succession to actually transfer the decedent's interest.

AFFIDAVIT OF DEATH OF CO-OWNER (LOUISIANA)

(Recorded Notice of Death of a Co-Owner in Indivision)

State of Louisiana

RECORDING INFORMATION

After Recording Return To:

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________

Notary Public Information:

Name: ________________________________________
Notary ID / Bar Roll No.: ____________________
Parish of Commission: ________________________
Address: _____________________________________

PROPERTY INFORMATION

APPEARANCE AND IDENTIFICATION OF AFFIANT

UNITED STATES OF AMERICA
STATE OF LOUISIANA
PARISH OF [PARISH NAME]

BE IT KNOWN, that on this _____ day of _________________, 20_____, before me, the undersigned Notary Public, duly commissioned and qualified in and for the Parish of [PARISH], State of Louisiana, and in the presence of the two undersigned competent witnesses, PERSONALLY CAME AND APPEARED:

[AFFIANT FULL LEGAL NAME], a person of the full age of majority, domiciled in [PARISH/COUNTY], [STATE] ("Affiant"),

who, being by me first duly sworn, did depose and state as follows, of the Affiant's own personal knowledge:

1. The Affiant is over the age of majority, is competent to make this affidavit, and has personal knowledge of the facts stated herein.

2. The Affiant is a co-owner in indivision of the immovable property described in Exhibit A, or is the surviving spouse, heir, legatee, or other person with personal knowledge of the death of the Decedent and of the co-ownership described below.

SWORN RECITALS

3. The Decedent. [DECEDENT FULL LEGAL NAME] ("Decedent") died on [__/__/____], at [CITY], [PARISH/COUNTY], [STATE]. A certified copy of the Decedent's death certificate is attached hereto and incorporated herein.

4. Co-Ownership in Indivision (Vesting Instrument). The immovable property described in Exhibit A (the "Property") was acquired by the Decedent and [CO-OWNER(S) / AFFIANT NAME] as co-owners in indivision, each owning an undivided [FRACTION, e.g., one-half (1/2)] interest, by [ACT OF SALE / ACT OF DONATION / JUDGMENT OF POSSESSION / OTHER] passed before [NOTARY NAME], Notary Public, dated [__/__/____], registered at COB _____, Folio _____ (or as Instrument/Registry No. _____________), in the conveyance records of [PARISH] Parish, Louisiana.

5. Legal Description and Assessment. The Property is situated in [PARISH] Parish, State of Louisiana, and is legally described in Exhibit A attached hereto and made a part hereof. The Tax Assessment Number is [ASSESSMENT NO.].

6. The Affiant's Interest. The Affiant owns an undivided [FRACTION] interest in the Property in indivision (or appears herein as surviving spouse / heir / legatee of the Decedent with personal knowledge of the foregoing).

7. No Survivorship — Decedent's Interest Passes by Succession. Louisiana does NOT recognize joint tenancy with right of survivorship for immovable property. Upon the death of the Decedent, the Decedent's undivided interest in the Property did NOT vest in any surviving co-owner by survivorship. Instead, the Decedent's undivided interest passes to the Decedent's heirs or legatees through succession under Louisiana law (La. C.C. arts. 797-818, ownership in indivision). This affidavit does not transfer the Decedent's interest and does not clear title to it.

8. Title Cleared by Judgment of Possession. Title to the Decedent's undivided interest in the Property will be cleared and transferred only by a Judgment of Possession rendered and signed in the Decedent's succession proceeding pursuant to La. C.C.P. art. 3061, which judgment, when recorded in the conveyance records of [PARISH] Parish, places the heirs, legatees, and/or surviving spouse in community into possession of the Property. Until the succession is completed and the Judgment of Possession recorded, this affidavit serves only as a recorded notice of the Decedent's death affecting the Property.

9. Estate / Inheritance Tax and Liens.

☐ No Louisiana Inheritance Tax. Louisiana's inheritance tax was repealed for deaths occurring on or after July 1, 2004; accordingly, no Louisiana inheritance tax lien attaches to the Property.
☐ Federal Estate Tax (Form 706). A United States Estate Tax Return (Form 706) ☐ is ☐ is not required to be filed as a result of the Decedent's death. (Selection determines whether a federal estate tax lien may attach to the Property.)
☐ To the best of the Affiant's knowledge, there are no unpaid liens, mortgages, privileges, judgments, or encumbrances against the Decedent or the Property, except as follows: ________________________________________

10. Statutory Basis. This affidavit is made pursuant to La. C.C. arts. 797-818 (ownership in indivision) and is recorded to give notice of the Decedent's death pending succession; title to the Decedent's undivided interest is to be cleared by Judgment of Possession under La. C.C.P. art. 3061.

11. Request to Record. The Affiant requests that this affidavit, together with the attached certified copy of the death certificate, be recorded in the conveyance records of [PARISH] Parish, Louisiana, as notice of the Decedent's death affecting the Property.

AUTHENTIC ACT EXECUTION (La. C.C. art. 1833)

THUS DONE AND PASSED in my office in the City of [CITY], Parish of [PARISH], State of Louisiana, on the day, month, and year first above written, in the presence of the two undersigned competent witnesses, who hereunto sign their names with the Affiant and me, Notary, after due reading of the whole.

AFFIANT SIGNATURE

________________________________________
[AFFIANT NAME], Affiant
Printed Name: ___________________________

WITNESSES (REQUIRED — Two Witnesses per La. C.C. art. 1833)

IMPORTANT: An authentic act in Louisiana REQUIRES two competent witnesses who are not parties to the act.

WITNESS 1:
________________________________________
Printed Name: ___________________________

WITNESS 2:
________________________________________
Printed Name: ___________________________

NOTARY PUBLIC

________________________________________
NOTARY PUBLIC
[NOTARY NAME - Typed or Printed]
Notary Public ID No. / Bar Roll No.: __________
Parish of Commission: _______________________
My Commission: ☐ Issued for Life ☐ Expires: ________

[NOTARIAL SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Municipal Address:
[STREET ADDRESS]
[CITY], Louisiana [ZIP]

Parish: [PARISH]

Tax Assessment Number: [NUMBER]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example formats:

Lot and Square/Block:
A certain lot or portion of ground, together with all the buildings and improvements thereon, situated in the [CITY/PARISH] of [NAME], Parish of [PARISH], State of Louisiana, in [SQUARE/BLOCK NO.], bounded by [STREETS], and designated as Lot _____ on a plan of [SUBDIVISION NAME] by [SURVEYOR NAME], dated [DATE], measuring [DIMENSIONS].

Metes and Bounds:
A certain tract or parcel of land, together with all the buildings and improvements thereon, situated in [SECTION/TOWNSHIP/RANGE DESCRIPTION], Parish of [PARISH], State of Louisiana, containing _____ acres, more or less, and more particularly described as: [METES AND BOUNDS]

Being the same property acquired by the Decedent and co-owner(s) from [PRIOR OWNER] by act of [sale/donation/succession] passed before [NOTARY NAME], Notary Public, dated [DATE], registered at COB _____, Folio _____, [PARISH] Parish Records.

ATTACHMENT - CERTIFIED DEATH CERTIFICATE

ATTACH a certified copy of the Decedent's death certificate to this affidavit before recording. The death certificate evidences the death that opens the Decedent's succession.

☐ Certified copy of death certificate attached

LOUISIANA RECORDING REQUIREMENTS

Filing Information

• Filing Office: Clerk of Court / Recorder of Conveyances, [PARISH] Parish (Orleans Parish: Land Records Division)
• Recording Deadline: Promptly; authentic acts are customarily recorded without delay (see La. R.S. 35:199)
• Documentary Tax: Orleans Parish only (this affidavit is a notice of death, not a sale, and ordinarily is not a taxable conveyance)

Document Requirements (La. C.C. art. 1833, art. 3352)

☐ Authentic act form (Notary + two witnesses), sworn before the notary
☐ Full name and domicile of the Affiant
☐ Name of the Decedent and date of death
☐ Recording reference to the vesting instrument (COB/Folio or Instrument No.)
☐ Complete legal description (Exhibit A) and tax assessment number
☐ Notary's ID number or bar roll number; names typed/printed beneath all signatures
☐ Certified copy of death certificate attached

Clearing Title — Judgment of Possession (La. C.C.P. art. 3061)

This affidavit does NOT transfer the Decedent's undivided interest. To clear and transfer that interest:

1. Open the Decedent's succession in the proper court.
2. Obtain a Judgment of Possession under La. C.C.P. art. 3061 recognizing the heirs, legatees, and/or surviving spouse in community and sending them into possession of the Property.
3. Record the Judgment of Possession in the conveyance records of [PARISH] Parish.

Statutory References

• La. C.C. arts. 797-818 - Ownership in indivision (co-ownership of immovables)
• La. C.C.P. art. 3061 - Judgment of possession (clears title to the decedent's interest)
• La. C.C. art. 1833 - Authentic act (notary and two witnesses)
• La. C.C. art. 3352 - Requirements for recorded instruments affecting immovable property
• La. R.S. 35:199 - Recording of acts

END OF AFFIDAVIT OF DEATH OF CO-OWNER (LOUISIANA)

La. C.C. arts. 797-818; La. C.C.P. art. 3061