Affidavit regarding request for return of improperly seized property - Louisiana 2025

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Generally, a decedents estate goes through succession or probate in Louisiana if the estate is worth $125,000 or more, regardless of whether the decedent died with a will (testate) or without a will (intestate). The value of the estate is different from the value of the decedents assets.
However, if the person who passed away died more than 20 years ago, their heirs can use the small successions process. Its important to note that when there is immovable property (like a home or land), the heirs must wait at least 90 days after the owners death to file a small succession affidavit.
A writ of seizure and sale is an order issued by a court that allows the petitioner (usually a creditor) to take ownership of a property from a borrower. Once the property has been seized by the creditor, it can be sold, usually at auction.
As long as the gross value of the decedents assets is worth less than $125,000, the estate should qualify as a small succession.
Under a simple possession succession, the heirs are simply put into possession of the assets belonging to the decedent. Pleadings are drafted and filed with the court that state that the decedent passed away, list the assets of the decedent, and name the heirs who will inherit the assets.
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The requirements for an estate to qualify for a small succession in Louisiana are: The person who died must have had property in Louisiana. The person must have died without a will (i.e. intestate). The estate must not have more than $125,000 worth of property.
The request for notice of seizure shall state the legal description of the immovable property, the owner of the property, and the name and address of the person desiring notice of seizure. The person requesting notice of seizure shall pay the sum of ten dollars to the sheriff.

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