Affidavit of Death of Co-Owner - Louisiana

AFFIDAVIT OF DEATH OF CO-OWNER

Louisiana Title and Succession Review Form

LIMITED PURPOSE. This is not a statutory Louisiana “surviving joint tenant” form and does not itself transfer, recognize, or clear title. Louisiana Civil Code article 797 describes co-ownership as ownership in indivision. Articles 934 and 935 provide that succession occurs at death and that successors acquire ownership immediately. The correct recordable instrument may instead be a judgment of possession or, when every statutory condition is met, a small-succession affidavit. Have Louisiana counsel examine the vesting instrument and succession facts before using this affidavit.

BEFORE DRAFTING

Do not sign or submit this form until each item is resolved.

Selected title route:

☐ Judicial succession and judgment of possession

☐ Statutory small-succession affidavit prepared separately under C.C.P. arts. 3431-3434

☐ Other Louisiana-law instrument identified by counsel: ______________________________

☐ This factual affidavit will not be recorded; it is retained only in the title file

OPTIONAL FACTUAL AFFIDAVIT

UNITED STATES OF AMERICA

STATE OF LOUISIANA

PARISH OF ____________________

Before me, the undersigned notary public or other officer authorized to administer oaths, personally came and appeared:

Affiant: ____________________________________________________________

Address: ___________________________________________________________

who, after being duly sworn, states from personal knowledge:

1. Decedent and death

Decedent: __________________________________________________________

Date of death: ____________________

Place of death: ____________________________________________________

Affiant's relationship to the Decedent or basis of knowledge:

_______________________________________________________________________

2. Property

The immovable property addressed by this affidavit is located in ____________________ Parish, Louisiana.

Municipal address: __________________________________________________

Assessment number, if used: _________________________________________

The complete legal description appears in Exhibit A.

3. Recorded vesting instrument

Quote the ownership language exactly; do not paraphrase:

______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

4. Limited factual statement

The Decedent is the same person identified in the vesting instrument described above. Affiant offers this affidavit only as a statement of identity, death, and record-reference facts. Affiant does not use it to declare who inherited the Decedent's interest, to adjudicate ownership, to waive creditor rights, or to replace a succession instrument required by Louisiana law.

5. Supporting record

Select only after the intended recipient confirms its requirements:

☐ A certified death certificate is attached.

☐ A certified death certificate will be submitted or recorded separately.

☐ The death record is not attached because the intended recipient did not require it.

The statutes cited in this template do not impose a universal rule that a certified death certificate must be attached to every factual co-owner affidavit.

6. Requested handling

☐ Retain in title or succession file only.

☐ Record only after written confirmation from Louisiana counsel or the receiving parish office that the instrument is appropriate and recordable for the stated limited purpose.

After-recording return address, if applicable:

_______________________________________________________________________

AFFIANT

I swear or affirm that the factual statements above are true and correct to the best of my personal knowledge.

________________________________________

Affiant signature

________________________________________

Printed name

Date: ____________________

JURAT

Sworn to and subscribed before me on ____________________, 20____, by ________________________________________________.

________________________________________

NOTARY PUBLIC

________________________________________

Printed name

Notary identification or bar roll number: ______________________________

Commission information, if applicable: _________________________________

[NOTARIAL SEAL]

EXHIBIT A — LEGAL DESCRIPTION

Parish: ______________________________

Municipal address: _________________________________________________

Assessment number, if used: ________________________________________

Complete legal description from the recorded vesting instrument:

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

TITLE ROUTE NOTES

Judicial succession

Civil Code article 935 states that successors acquire ownership immediately at death. A judgment under C.C.P. article 3061 recognizes the heirs, legatees, surviving spouse in community, or usufructuary and sends them into possession. It should not be described as the event that first transfers ownership at death.

Small succession

C.C.P. article 3431 identifies the circumstances in which a qualifying small succession need not be opened judicially. Articles 3432 and 3432.1 prescribe affidavit parties and content for Louisiana domiciliaries, and article 3433 addresses certain non-Louisiana domiciliaries. Under article 3434(C), the authorized affidavit and required attachments are recorded in the conveyance records when immovable property is described. This optional factual form is not a substitute for that statutory affidavit.

Recording and form

Civil Code article 3352 lists information to include when appropriate in an instrument presented for recording and says a recorder shall not refuse solely because the listed information is omitted. It does not independently authorize this affidavit or establish that it affects title. Civil Code article 1833 defines an authentic act; it does not require every recorded or sworn instrument to use two witnesses.

No generic filing deadline

La. R.S. 35:199 is not authority for a generic deadline to record this affidavit. That section addresses a notary's duty concerning specified acts of sale, exchange, donation, and mortgage of immovable property, with different provisions inside and outside Orleans Parish.

VERIFIED OFFICIAL SOURCES

• La. C.C. art. 797 — ownership in indivision
• La. C.C. arts. 934-935 — commencement of succession and acquisition of ownership
• La. C.C.P. art. 3061 — judgment of possession
• La. C.C.P. arts. 3431-3434 — small-succession affidavit route
• La. C.C. art. 1833 — authentic act
• La. C.C. art. 3352 — recorded-instrument information