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Anyone ever filed a Affidavit of Small Succession to get money out of a bank account?
Posted on 3/21/24 at 3:46 pm
Posted on 3/21/24 at 3:46 pm
First post on here so don't be too harsh, I searched and didn't see anything.
About 2 1/2 years ago my mom passed away
Thankfully my mom lived a pretty simple life and me and my siblings never had any squabbling's over money or things with her estate/personal items.
We never even bothered to try and get her money out of her bank account. We were all mommas boys and girls so her being gone sucked enough, much less having to worry about closing out her accounts and splitting up money, we just avoided doing it. Well it's been long enough and the money is doing no good sitting there.
The bank told me that since there is no property involved/other assets, we could do an affidavit of small succession and not have to get a lawyer. Looking up online that seems right, because there is less than 125k in her account, but I can't find any affidavit form/example.
TLDR:
1. With her not having a property in her name or a will, is a affidavit of small succession and death certificate with no lawyer enough to get the money out of her account?
2. If that is what needs to be done, any help on where to get the right affidavit would be much appreciated.
TIA
About 2 1/2 years ago my mom passed away
Thankfully my mom lived a pretty simple life and me and my siblings never had any squabbling's over money or things with her estate/personal items. We never even bothered to try and get her money out of her bank account. We were all mommas boys and girls so her being gone sucked enough, much less having to worry about closing out her accounts and splitting up money, we just avoided doing it. Well it's been long enough and the money is doing no good sitting there.
The bank told me that since there is no property involved/other assets, we could do an affidavit of small succession and not have to get a lawyer. Looking up online that seems right, because there is less than 125k in her account, but I can't find any affidavit form/example.
TLDR:
1. With her not having a property in her name or a will, is a affidavit of small succession and death certificate with no lawyer enough to get the money out of her account?
2. If that is what needs to be done, any help on where to get the right affidavit would be much appreciated.
TIA
5
Posted on 3/21/24 at 3:55 pm to iwyLSUiwy
I have done just that after the death of my mother. It's very easy to do. Just has to be notarized and list all heirs
Posted on 3/21/24 at 3:58 pm to iwyLSUiwy
Might be a dumb question, but did you ask the bank if they have a form?
Posted on 3/21/24 at 4:01 pm to iwyLSUiwy
Louisiana? Click small succession guided assistant on the Law Library of Louisiana page..
The clerk's office in your parish *might* have forms. They do in Arkansas but I don't know about LA.
The clerk's office in your parish *might* have forms. They do in Arkansas but I don't know about LA.
Posted on 3/21/24 at 6:58 pm to iwyLSUiwy
Can't vouch for it, but this site has a downloadable affidavit form for a Louisiana small succession for a person who died intestate (no will). LINK
I can imagine 19 ways to disaster doing this without a competent lawyer, so good luck.
When you go to the notary, sign/execute multiple originals, more than you think you will ever need.
Print a copy of Louisiana Code of Civil Procedure article 3434 to show any bank that balks. It says:
A multiple original of the affidavit authorized by Article 3432 or 3432.1, shall be full and sufficient authority for the payment or delivery of any money or 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 therein, by any federally insured depository institution, financial institution, trust company, warehouseman, or other depositary, or by any person having such property in his possession or under his control. Similarly, a multiple original of an affidavit satisfying the requirements of this Article shall be full and sufficient authority for the transfer to the heirs or legatees of the deceased, and surviving spouse in community, if any, or to their assigns, of any stock or registered bonds in the name of the deceased and described in the affidavit, by any domestic or foreign corporation.
I can imagine 19 ways to disaster doing this without a competent lawyer, so good luck.
When you go to the notary, sign/execute multiple originals, more than you think you will ever need.
Print a copy of Louisiana Code of Civil Procedure article 3434 to show any bank that balks. It says:
A multiple original of the affidavit authorized by Article 3432 or 3432.1, shall be full and sufficient authority for the payment or delivery of any money or 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 therein, by any federally insured depository institution, financial institution, trust company, warehouseman, or other depositary, or by any person having such property in his possession or under his control. Similarly, a multiple original of an affidavit satisfying the requirements of this Article shall be full and sufficient authority for the transfer to the heirs or legatees of the deceased, and surviving spouse in community, if any, or to their assigns, of any stock or registered bonds in the name of the deceased and described in the affidavit, by any domestic or foreign corporation.
Posted on 3/21/24 at 10:46 pm to iwyLSUiwy
Louisiana Code of Civil Procedure 3432.1
That details what the affidavit must include and how it should be executed. If there is not enough money involved to hire a lawyer, you can try to type it yourself, get it notarized and bring it to the bank.
That details what the affidavit must include and how it should be executed. If there is not enough money involved to hire a lawyer, you can try to type it yourself, get it notarized and bring it to the bank.
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