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Bill > SB32


LA SB32

LA SB32
Provides for small succession procedures. (8/1/24)


summary

Introduced
02/26/2024
In Committee
04/23/2024
Crossed Over
03/19/2024
Passed
05/14/2024
Dead
Signed/Enacted/Adopted
05/21/2024

Introduced Session

Potential new amendment
2024 Regular Session

Bill Summary

AN ACT To amend and reenact Code of Civil Procedure Arts. 3421, 3422, 3422.1(B), (C), and (E), 3431, 3432, 3432.1, 3434, and 3443, and to enact Code of Civil Procedure Art. 3433, relative to small succession procedures; to provide for the definition of a small succession; to provide for court costs; to provide for immovable property damaged by disaster; to provide for judicial proceedings; to provide for affidavits for small successions; to provide for the delivery of property; to provide for the sale of succession property; and to provide for related matters.

AI Summary

This bill amends and reenacts several articles in the Louisiana Code of Civil Procedure related to small succession procedures. The key provisions include: 1) Clarifying the definition of a "small succession" as one with a gross value of $125,000 or less, or a succession where the decedent died at least 20 years prior, regardless of value. It also allows a testate succession with immovable property to qualify as a small succession if the value is $125,000 or less, though the affidavit process cannot be used for such testate successions. 2) Reducing court costs for small succession proceedings to one-half the costs of larger successions. 3) Allowing a managing co-owner to take certain actions to repair, reconstruct, and restore damaged immovable property in a small succession without the concurrence of all co-owners. 4) Specifying the requirements for affidavits to administer small successions of decedents who died intestate, testate and domiciled in Louisiana, and testate and domiciled outside Louisiana. 5) Providing that delivery of the decedent's property in accordance with the small succession affidavit protects the transferee from claims of third parties. 6) Streamlining the publication requirements for the public or private sale of small succession property.

Committee Categories

Justice

Sponsors (1)

Last Action

Effective date 8/1/2024. (on 05/21/2024)

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