Legal Question in Wills and Trusts in Louisiana

Re: Affidavit of death and heirship

If you google this, you will find some sample forms for you to use. You don't need to follow a form exactly so long as it contains the requirements of the state code.

I was able to locate briefly some information here to help you.

https://web01.dps.louisiana.gov/omv1.nsf/0/e5d6052a03079f73862564b90074344d?OpenDocument

Re: Affidavit of death and heirship

Dear LawGuru Friend,

I suppose you know that an affidavit is just a sworn statement. In presenting a petition to open a succession and/or to place the heirs into possession, an Affidavit of Death, Domicile and Heirship is always attached to such a petition and incorporated therein by reference. I assume you know how to draw up an affidavit, but just in case you do not, I'll try to do it here for you. It'll go something like this:

Parish of Calcasieu

State of Louisiana

BEFORE ME, the undersigned Notary Public, on this the ____ day of ____. 20___, personally came and appeared ___________ and _________, hereinafter referred to as "affiants", who, being duly sworn, did depose and say that:

They were well and personally acquainted with ___________, hereinafter referred to sometimes simply as "decedent", who departed this life while residing in and domiciled in Lake Charles, Calcasieu Parish, Louisiana, on or about the ___ day of _______, 200___; that they know of their own knowledge, information and belief that decedent died intestate (without a will), that he was married but once and then to his wife _______; and of this marriage only one child was born: namely, _________; who is the decedent's sole and only heir according to the Louisiana laws of intestate succession.

Further, decedent left no living ascendants, and he had never adopted anyone, nor was he ever adopted by anyone. Further, decedent left only immovable property situated in the parish of Calcasieu, state of Louisiana, which property was community property owned in indivision with his said wife _________ .

THUS DONE, READ AND SIGNED at my office in Lake Charles, Calcasieu Parish, LA, on the day, month and year set forth above.

Signed __________________________

AFFIANT

BEFORE ME ______________________

NOTARY PUBLIC

Just state the facts of death, domicile and heirship as you know them to be. This Affidavit does not require witnesses. Usually, however, it is signed by two affiants.