For purposes of small succession of a person who died intestate while domiciled in or outside of Louisiana, Article 3432 of the Louisiana Code of Civil Procedure provides that at least two persons must execute the affidavit, including the surviving spouse, if any, and one or more competent major heirs of the deceased, and the affidavit must be duly sworn before any officer or person authorized to administer oaths in the place where the affidavit is executed. If the deceased had no surviving spouse, at least two heirs must sign the affidavit. If the deceased had no surviving spouse and only one heir, a second person who has actual knowledge of the matters stated in the affidavit must also sign it. A natural tutor may execute the affidavit on behalf of a minor child without the necessity of filing a petition pursuant to Article 4061 of the Louisiana Code of Civil Procedure.

Article 3432 of the Louisiana Code of Civil Procedure further provides that the affidavit must set forth:

1. 1. 

   The deceased’s date of death, and his or her domicile at the time thereof;

2. 2. 

   The fact that the deceased died intestate;

3. 3. 

   The deceased’s marital status, the location of his or her last residence, and if he or she has a surviving spouse, the surviving spouse’s name, address, domicile, and location of last residence;

4. 4. 

   The names and last known addresses of the deceased’s heirs, their relationship to the deceased, and a statement that an heir not signing the affidavit (a) cannot be located after the exercise of reasonable diligence, or (b) was given ten (10) days’ notice by U.S. mail of the affiants’ intent to execute an affidavit for small succession and did not object;

5. 5. 

   A description of the deceased’s property, including whether the property is community or separate, and in the case of immovable property, sufficient identification of the property for purposes of transfer;

6. 6. 

   A showing of the value of each item of property, and the aggregate value of all such property, at the time of the deceased’s death;

7. 7. 

   A statement describing each heir’s respective interests in the property and whether a legal usufruct of the surviving spouse attaches to the property;

8. 8. 

   An affirmation that, by signing the affidavit, the affiant, if an heir, has accepted the deceased’s succession; and

9. 9. 

   An affirmation that, by signing the affidavit, the affiant swears under penalty of perjury that the information contained in the affidavit is true, correct, and complete to the best of their knowledge, information, and belief.

For purposes of small succession for a person domiciled outside of Louisiana who died testate, Article 3432.1 of the Louisiana Code of Civil Procedure provides that at least two persons must execute the affidavit, including the surviving spouse, if any, and one or more of the deceased’s competent legatees, and the affidavit must be duly sworn before any officer or person authorized to administer oaths in the place where the affidavit is executed. If the deceased had no surviving spouse, at least two persons who have actual knowledge of the matters stated in the affidavit must sign it. A natural tutor may execute the affidavit on behalf of a minor child without the necessity of filing a petition pursuant to Article 4061.

Article 3432.1 of the Louisiana Code of Civil Procedure further provides that the affidavit must set forth:

1. 1. 

   The deceased’s date of death, and his or her domicile at the time thereof;

2. 2. 

   The fact that the deceased died testate;

3. 3. 

   The deceased’s marital status, the location of his or her last residence, and if he or she has a surviving spouse, the surviving spouse’s name, address, domicile, and location of last residence, together with the names and last known addresses of the deceased’s legal heirs, and identification of the legal heirs who are also the deceased’s forced heirs;

4. 4. 

   The names and last known addresses of the deceased’s heirs, their relationship to the deceased, and a statement that an heir not signing the affidavit:

   1. (a) 

      cannot be located after the exercise of reasonable diligence, or

   2. (b) 

      was given ten (10) days’ notice by U.S. mail of the affiants’ intent to execute an affidavit for small succession and did not object;

5. 5. 

   A description of the deceased’s property, including whether the property is community or separate, and in the case of immovable property, sufficient identification of the property for purposes of transfer;

6. 6. 

   A showing of the value of each item of property subject to the jurisdiction of Louisiana courts, and the aggregate value of all such property, at the time of the deceased’s death;

7. 7. 

   A statement describing each legatee’s respective interests in the property and whether a legal usufruct of the surviving spouse attaches to the property;

8. 8. 

   An attachment consisting of certified copies of the testament and another state’s probate order;

9. 9. 

   An affirmation that, by signing the affidavit, the affiant, if a legatee, has accepted the deceased’s legacy; and

10. 10. 

    An affirmation that, by signing the affidavit, the affiant swears under penalty of perjury that the information contained in the affidavit is true, correct, and complete to the best of their knowledge, information, and belief.