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Permalink Reply by Ken Boone on January 20, 2014 at 6:49

And also on the form at the top where it says

AFFIDAVIT OF HEIRSHIP
As to_______________________________
(Name of Deceased)

STATE OF________________________§
COUNTY OF______________________§

What goes in the state and county part? Is it the state and county that the property is located in, or is it the state and county where the person lives who is filling out the affidavit?

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Permalink Reply by Two Dogs, Pirate on January 20, 2014 at 7:06

State and Parish/County where the  property is located and the Affidavit will be recorded.

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Permalink Reply by dbob on January 20, 2014 at 8:20

Typed if possible, black ink strongly preferred.

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Permalink Reply by Henry on January 21, 2014 at 0:34

Are affidavits of heirship filed in the courthouse?  If so, go look a few up and see.  However, don't take my comment as any endorsement of do-it-yourself lawyering.

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Permalink Reply by Andrew on January 21, 2014 at 2:14

Ken,

An affidavit does not have to be typed, but using a printed copy is strongly suggested for any legal document. The same goes for using black ink. The County/Parish and State at the top of the act, along with the title of the particular act/affidavit, are purely a matter of custom. For acts involving real estate, the parish and state where the property is located are usually provided, but affidavits often state the parish/county and state where the affidavit was sworn before a notary.

The answers to the rest of your questions will depend on what the affidavit will be used for. If you go to a professional Louisiana notary, he or she will have the answers to these questions, and many notary services will even have a form for this affidavit that they prefer to use. The affidavit has to be notarized in order to be valid, so you'll have to go to a notary anyway.

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Permalink Reply by Max on January 21, 2014 at 2:54

PDF copy from internet:

https://secure.pds-austin.com/hilcorp/forms/AFFIDAVIT_OF_HEIRSHIP_L...

Ken, some folks like to see the signature in dark blue ink to distinguish between the original and copies. 

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Permalink Reply by Skip Peel - Mineral Consultant on January 21, 2014 at 11:44

I have been told that a properly constituted and notarized Affidavit of Heirship may be filed in the public record in LA but it will not be recognized as definitive evidence of ownership of mineral rights.  In other words in LA operators are not required to pay royalty based on an A of H.  In Texas an A of H is accepted for the purpose of paying royalties however it is a different process.  The A of H must be approved by a judge in the district court in the jurisdiction where the mineral right is located.  IANAL.

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Permalink Reply by Andrew on January 22, 2014 at 14:42

In LA the affidavit of death, jurisdiction, and heirship is usually done because it is required to open a succession. Those affidavits aren't filed in the conveyance or mortgage records, just civil.

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