Art. 3434. Endorsed copy of affidavit authority for delivery of property
A. 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.
B. The receipt of the persons named in the affidavit as heirs or legatees of the
deceased, or surviving spouse in community thereof, constitutes a full release and discharge
for the payment of money or delivery of property made under the provisions of this Article.
Any creditor, heir, legatee, succession representative, or other person whatsoever shall have
no right or cause of action against the person paying the money, or delivering the property,
or transferring the stock or bonds, under the provisions of this Article, on account of such
payment, delivery, or transfer.
C.(1) A multiple original of the affidavit, to which has been attached a certified copy
of the deceased's death certificate, shall be recorded in the conveyance records in the office
of the clerk of court in the parish where any immovable property described therein is
situated, after at least ninety days have elapsed from the date of the deceased's death. For
recordation purposes, a photocopy of the certified death certificate may serve as, and take the
place of, the certified copy of the death certificate.
(2) An affidavit so recorded, or a certified copy thereof, shall be admissible as
evidence in any action involving immovable property to which it relates or is affected by the
instrument, and shall be prima facie evidence of the facts stated therein, including the
relationship to the deceased of the parties recognized as heir, legatee, surviving spouse in
community, or usufructuary as the case may be, and of their rights in the immovable property
of the deceased.
(3) An action by a person who claims to be a successor of a deceased person, but
who has not been recognized as such in an affidavit authorized by Article 3432 or 3432.1,
to assert an interest in property formerly owned by the deceased, against a third person who
has acquired an interest in the property, or against his successors by onerous title, is
prescribed two years from the date of the recording of the affidavit in accordance with this
Paragraph.
Amended by Acts 1974, No. 524, §1; Acts 2009, No. 81, §1, eff. June 18, 2009; Acts
2011, No. 323, §1, eff. June 29, 2011; Acts 2021, No. 44, §2, eff. June 1, 2021; Acts 2022,
No. 44, §1.