landowner

Succession vs. Affidavit of Heirship

Once an affidavit of heirship is filed at the courthouse, will that transfer ownership?

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Oil & Gas ProPermalink Reply by Ben Elmore on July 2, 2012 at 10:18

Technically, it does not effectuate a transfer of ownership like a will.  It is simply proof to the world that you and others mentioend in the Affidavit, are the living heirs of the original property owner.  When a company comes to the area to lease the property, they will find the Affidavit in the records and contact you. 


landownerPermalink Reply by Ken Boone on July 2, 2012 at 10:43

What are some reasons why someone might do an affidavit of heirship and not file a succession?


Oil & Gas ProPermalink Reply by Ben Elmore on July 2, 2012 at 11:15

No will


landownerPermalink Reply by Ken Boone on July 2, 2012 at 11:36

Oh , so a succession can not be done if the person didn't leave a will?


landownerPermalink Reply by Bob Ballard on July 2, 2012 at 11:57

Ken Boone, A succession can done with or without a will. However, Louisiana requires a succesion if the deceased owned property valued above $50,000. Below $50,000, it's optional to the family. In the latter, and without a succession, an affidavit of heirship could be used to identify property ownership.   

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