Fill and Sign the Petition for Probate and Possession Heirship or Descent Affidavit Sworn Descriptive List Judgment and Order Louisiana Form

PROBATE NO. _____ _____ JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF _____ STATE OF LOUISIANA SUCCESSION OF _______________ * * * PETITION FOR PROBATE AND POSSESSION The joint petition of _____________ , domiciled in _______ Parish, Louisiana, and _____________ , domiciled in _______ Parish, State of Louisiana, respectfully represents: l. _____________ died in _______ Parish on the ___ day of _______ , 20 ___ . He was domiciled in _______ Parish on the date of his death, as will appear from the attached Affidavit of Death, Domicile and Heirship. 2. The decedent left a testament, an original of which is attached to this petition, executed before _____________ , Notary Public, on _______ ___ , 20 ___ , in the presence of _____________ and _____________ , witnesses, all in accordance with the provisions of La.R.S. 9:2442 prior to its repeal by Act Number 1421 of the 1997 Louisiana Legislature. 3. Petitioners desire that the attached testament be ordered filed and executed since, as a statutory will, it need not be proved/probated. See LSA-C.C. art. 2891, effective July 1, 1999. 4. Petitioners accept the legacies left to them. 5. The Decedent was married _____________ times, first to _____________ , then to _____________ , and then to _____________ . Of the marriage to _____________ , _____________ children were born: l. _____________ , husband of _____________ ; 2. _____________ , deceased; 3. _____________ , deceased; 6. The Decedent never adopted anyone, nor was he adopted. 7. All of the property that the Decedent died possessed of is set forth in the Sworn Descriptive List, which is attached. 8. _____________ predeceased your decedent, having died on the ___ day of _______ 20 ___ being survived by no one. 9. _____________ predeceased your defendant, having died on the ___ day of _______ 20 ___ and was survived by her son, _____________ . 10. _____________ , _____________ and _____________ , are the sole heirs of the deceased, entitled to an undivided interest each in the ownership of the Decedent's property belonging to the succession of the deceased. l1. There is no necessity for an administration of the succession of the deceased. It is relatively free from debt. Petitioners accept the succession unconditionally. 12. As will appear from a receipt from the Department of Revenue and Taxation, the estate taxes due by the estate have been paid. WHEREFORE, Petitioners pray: l. The Last Will and Testament of _____________ be deemed self- proving and, therefore, filed, recorded, and executed according to law. 2. That the confirmation and qualification of the executrix and administration of this succession be dispensed with. 3. For Judgment recognizing _____________ , _____________ and _____________ as the sole heirs of the deceased, and as such, entitled to an undivided interest each of the ownership and possession of the property belonging to the deceased as shown in the Judgment of Possession. BY PETITIONERS' ATTORNEY: ____________________________ _____________ Attorney at Law _____________ _______ LA _______ ( ___ ) _______ La. Bar Roll No. _______ AFFIDAVIT BEFORE ME, the undersigned Notary Public, duly commissioned and qualified in the Parish and State aforesaid, personally came and appeared _____________ and _____________ , wife and son of _____________ , who, being first duly sworn, did depose and say that: l. They are the petitioners in the above and foregoing petition; 2. They have read the same; and, 3. All of the allegations therein contained are true and correct. _________________________________ _____________ _________________________________ _____________ SWORN TO AND SUBSCRIBED before me at _____________ , _______ Parish, Louisiana, this ______ day of ____________, 20 ___ . ________________________________ NOTARY PUBLIC PROBATE NO. _____ _____ JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF _____ STATE OF LOUISIANA SUCCESSION OF _______________ * * * AFFIDAVIT OF DEATH AND HEIRSHIP BEFORE ME, the undersigned Notary Public, duly commissioned and qualified, in and for the Parish and State aforesaid, personally came and appeared _____________ and _____________ , who, being first duly sworn, did depose and say that: l. They were well acquainted with the late _____________ . 2. _____________ was married three times, first to _____________ , then to _____________ , and then to _____________ , and of the marriage to _____________ , three (3) children were born, namely: (a) _____________ , wife of _____________ , a resident of _______ Parish, Louisiana, whose mailing address is _____________ ; (b) _____________ , deceased, having been survived by no one; (c) _____________ , deceased, herein represented by her son, _____________ , single, whose mailing address is _____________ ; 3. _____________ never adopted anyone, nor was he ever adopted. 4. _____________ died on the ___ day of _______ , 20 ___ , in _____________ , Louisiana. 5. _____________ died testate. 6. _____________ did not make any donations in contemplation of death. WITNESSES: __________________________ ___________________________ _____________ __________________________ ____________________________ _____________ SWORN TO AND SUBSCRIBED before me this ____ day of ___________, 20 ___ . ______________________________ NOTARY PUBLIC PROBATE NO. _____ _____ JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF _____ STATE OF LOUISIANA SUCCESSION OF _______________ * * * SWORN DETAILED DESCRIPTIVE LIST OF ASSETS AND LIABILITIES BEFORE ME, the undersigned authority, in and for the Parish and State aforesaid, in the presence of the undersigned witnesses, personally came and appeared: _____________ and _____________ , hereinafter referred to collectively as "Affiants", who, after being duly sworn, declared that they are the Petitioners in the foregoing Petition for Possession in the succession of _____________ , which they have read, and that all of the allegations therein contained are true and correct; that all petitioners specifically and unconditionally accept the succession of the decedent, _____________ , and that the said petitioners agree to pay all of the obligations and debts thereof. Affiants further depose that in compliance with the Louisiana Revised Statute 27:2708 and Louisiana Code of Civil Procedure Article 3l36, et seq., they present to the Court the following detailed descriptive list of all the assets comprising the estate of the Decedent, _____________ , showing the actual cash value of each item of property as of the date of death of the Decedent, as well as a listing of the debts and liabilities of said succession, to-wit: ASSETS A. REAL ESTATE (1) An undivided _______ ( ___ ) interest in and to that certain parcel of land, together with all buildings and improvements thereon erected and thereto belonging, situated in the Parish of _______ , Louisiana, on the _______ side of _______ , measuring _______ feet on its northern line, _______ feet on it southern line, _______ feet on its western line and _______ feet on its eastern line, being bounded on the north by _____________ , on the south by _____________ , on the west by _____________ . and on the east by _____________ , and being designated as property owned by _____________ as per that plat of survey prepared by _____________ , R.L.S., dated _______ ___ , 20 ___ , revised _______ ___ , 20 ___ and attached to that instrument recorded under Entry No. _______ of the records of _______ Parish, Louisiana. DECEDENT = S INTEREST IN PROPERTY .................................................... $ _____________ (2) All of his interest in and to that certain parcel of land, together with all buildings and improvements thereon erected and thereto belonging, situated in the Parish of _______ , Louisiana, on the _______ side of _______ , measuring _______ feet on its northern line, _______ feet on it southern line, _______ feet on its western line and _______ feet on its eastern line, and being bounded on the north by _____________ , on the south by _____________ , on the west by _____________ and on the east by _____________ , and being designated as property owned by _____________ as per that plat of survey dated _______ ___ , 20 ___ , revised _______ ___ , 20 ___ and attached to that instrument recorded under Entry No. _______ of the records of _______ Parish, Louisiana DECEDENT = S INTEREST IN PROPERTY .................................................... $ _____________ DECEDENT'S TOTAL INTEREST IN IMMOVABLE PROPERTY IN _______ PARISH ...................................................................... $ _____________ B. MOVABLE PROPERTY (l) Furniture, fixtures and household items .............................................................. $ _____________ (2) _____________ _____________ .......................................................................................................... $ _____________ (3) _____________ .................................................................................................... $ _____________ (4) _____________ .................................................................................................... $ _____________ (5) _____________ .................................................................................................... $ _____________ (6) _____________ .................................................................................................... $ _____________ TOTAL MOVABLE AND IMMOVABLE PROPERTY .............................. $ _____________ LIABILITIES (1) FUNERAL EXPENSES OF _____________ : _____________ Funeral Homes, Inc., _____________ ................................ $ _____________ (2) ....... Attorney's fees and costs ............ $ _____________ TOTAL LIABILITIES ............ $ _____________ RECAPITULATION TOTAL ASSETS OF THE SUCCESSION OF _____________ .................................................................................................................................... $ _____________ TOTAL DEBTS ............ $ _____________ NET ESTATE ............ $ _____________ That the Decedent, _____________ , made no donations one (l) year prior to his death or donations in contemplation of death or in avoidance of inheritance taxes. IN WITNESS WHEREOF, the undersigned have executed this instrument on this ____ day of _______ , 20 ___ , in _____________ , _______ Parish, Louisiana, in the presence of the undersigned competent witnesses and me, Notary, after due reading of the whole. WITNESSES: _____________________________ _____________________________ _____________ _____________________________ _____________________________ _____________ ____________________________ NOTARY PUBLIC PROBATE NO. _____ _____ JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF _____ STATE OF LOUISIANA SUCCESSION OF _______________ * * * JUDGMENT PROBATING STATUTORY WILL AND OF POSSESSION Considering the petition for possession and the record of this proceeding, satisfactory proof having been submitted to the Court as to the validity of the Will, that the inheritance taxes due the State of Louisiana have been paid, and that there is no necessity for an administration of this succession, the law and the evidence entitling petitioners to relief prayed for, and for the reasons this day orally assigned: IT IS ORDERED, ADJUDGED AND DECREED that: (1) The confirmation and qualification of the executrix and administration of this succession are dispensed with. (2) The petitioners, _____________ , widow of _____________ , and _____________ , son of _____________ , be recognized as surviving legatees of the decedent, and also designated as the residual legatees in the Decedent's Will, and as such, are sent into possession in the proportion of an undivided one-half (l/2) interest each of all properties belonging to the Decedent, and specifically, the items of property which are described as follows: (A) All of the decedent = s interest in and to that certain parcel of land, together with all buildings and improvements thereon erected and thereto belonging, situated in the Parish of _______ , Louisiana, on the _______ side of _______ , measuring _______ feet on its northern line, _______ feet on it southern line, _______ feet on its western line and _______ feet on its eastern line, and being bounded on the north by _____________ , on the south by _____________ , on the west by _____________ and on the east by _____________ , and being designated as property owned by _____________ as per that plat of survey dated _______ ___ , 20 ___ revised _______ ___ , 20 ___ . (3) Petitioner, _____________ , widow of _____________ , be recognized as the legatee of the decedent in the Decedent = s Last Will and Testament, and as such, is sent into possession of all of the following properties listed as B and C. (B) Furniture, fixtures and household items; (C) _____________ ; (4) Petitioner, _____________ , son of _____________ , and _____________ , son of _____________ , be recognized as residual legatees of the decedent, and also designated as the residual legatees in the Decedent's Will, and as such, are sent into possession in the proportion of an undivided one-half (l/2) of one-sixth (1/6) interest each of all properties belonging to the Decedent, subject to the usufruct of _____________ and specifically, the items of property which are described as follows: (A) An undivided one-sixth (1/6) interest in and to that certain parcel of land, together with all buildings and improvements thereon erected and thereto belonging, situated in the Parish of _______ , Louisiana, on the _______ side of _______ , measuring _______ feet on its northern line, _______ feet on it southern line, _______ feet on its western line and _______ feet on its eastern line, being bounded on the north by _____________ , on the south by _____________ , on the west by _____________ and on the east by _____________ , and being designated as property owned by _____________ as per that plat of survey prepared by _____________ , R.L.S., dated _______ ___ , 20 ___ revised _______ ___ , 20 ___ (5) Petitioner, _____________ , son of _____________ , be recognized as the legatee of the decedent in the Decedent = s Last Will and Testament, and as such, is sent into possession of all of the following properties listed as B, C, D and E. (B) _____________ ; (C) _____________ ; (D) _____________ ; (E) _____________ . (6) That all banks, trust companies, insurance companies, and all other persons, partnerships, unincorporated associations, or corporations having on deposit, or in their possession, or under their control, any money, credits, stocks, dividends, bonds, or other property belonging to the succession of the Decedent, _____________ , are hereby required to deliver them to the heirs. JUDGMENT READ AND SIGNED in Chambers at _____________ , _______ Parish, Louisiana, this ____ day of _______ , 20 ___ . _____________________________ DISTRICT JUDGE PROBATE NO. _____ _____ JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF _____ STATE OF LOUISIANA SUCCESSION OF _______________ * * * ORDER CONSIDERING THE FOREGOING verified petition and the original testament of _____________ which, according to this Court = s scrutiny, was executed in strict accordance with the provisions of former La.R.S. 9:2442, and is therefore a A statutory testament @ . I DO HEREBY ORDER that the testament of _____________ , in statutory form, dated _______ ___ , 20 ___ be filed and recorded in the Office of the Clerk of Court for _______ Parish, Louisiana, and executed according to law. I hereby dispense with the necessity of a proces verbal and the production of any other proof of the testament = s validity, finding it to be self-authenticated all pursuant to the provisions of Articles 2890 and 2891 of the Louisiana Code of Civil Procedure. SIGNED in _____________ , Louisiana, this ____ day of _______ 20 ___ . ____________________________ DISTRICT JUDGE