Louisiana Code of Civil Procedure 3434 – Endorsed copy of affidavit authority for delivery of property
Terms Used In Louisiana Code of Civil Procedure 3434
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Legatee: A beneficiary of a decedent
A. A multiple original of the affidavit or a certified copy thereof authorized by Article 3432, 3432.1, or 3433 shall be full and sufficient authority for the payment of any money or the delivery of any property of the deceased described in the affidavit to the heirs or legatees of the deceased and the surviving spouse in community, if any, in the percentages listed in the affidavit, by any federally insured depository institution, financial institution, trust company, warehouseman, depositary, domestic or foreign corporation, or by any person having the property in his possession or under his control.
B. The receipt of the persons named in the affidavit as heirs or legatees of the deceased, or surviving spouse in community thereof, constitutes a full release and discharge for the payment of money or delivery of property made in accordance with the provisions of this Article. Any creditor, heir, legatee, succession representative, or other person shall have no right or cause of action against the person paying the money or delivering the property in accordance with the provisions of this Article on account of the payment or delivery.
C.(1) A multiple original of the affidavit or a certified copy thereof and any required attachments in accordance with Article 3433 shall be recorded in the conveyance records of the parish where any immovable property described in the affidavit is situated.
(2) An affidavit so recorded, or a certified copy thereof, shall be admissible as evidence in any action involving immovable property to which the affidavit relates or which is affected by the affidavit and shall be prima facie evidence of the facts stated in the affidavit, including the relationship to the deceased of the parties recognized as heir, legatee, surviving spouse in community, or usufructuary as the case may be, and of their rights in the immovable property of the deceased.
(3) An action by a person who claims to be a successor of a deceased person but who has not been recognized in an affidavit authorized by Article 3432 or 3433 to assert an interest in immovable property formerly owned by the deceased against a third person who has acquired an interest in the property by onerous title, or against his successors, is prescribed two years from the date of the recording of the affidavit and required attachments in accordance with this Article.
Amended by Acts 1974, No. 524, §1; Acts 2009, No. 81, §1, eff. June 18, 2009; Acts 2011, No. 323, §1, eff. June 29, 2011; Acts 2021, No. 44, §2, eff. June 1, 2021; Acts 2022, No. 44, §1; Acts 2024, No. 90, §1.