Legal Question in Wills and Trusts in Florida

affidavit of small succession

My father in law died March 22 in FLorida.He died intestate and had no life insurance.His checking account had a balance of 1,500.00 The bank he banked with was located in Baton Rouge, LA.The bank states that because of the low amount,we would need to sign and affidavit of small succesion.The bank said they werent sure it needed to be from Florida or from Louisana because that is were the money is.I found this form for louisiana on the internet but cant locate one for Florida. His daughter in Florida asked a lawyer at the army base, all he said was it was just what ever the bank wanted, and that was all. Nothing about how to go about it.We live in Miss. and the other children live in Florida and Virgina. How do they all sign the same form and have it notarized by each(notarized 3 times?)Does it have to go through the court or does it just need to be notarized by a notary public?We dont want to spend 1500.00 on attorney and filing fees,it would not do any good, we might as well let it sit there.


Asked on 4/08/03, 9:44 pm

3 Answers from Attorneys
Albert Pettigrew Law Offices Ph 228-875-8736

Re: affidavit of small succession

If the estate were probated, it seems that Florida law would control because that appears to be your father's legal domicile. If the bank is not subject to the jurisdiction of the Florida court, an ancillary proceeding would have to opened in Louisiana. The affidavit of succession in interest avoids all that. My suggestion is to retain an attorney in Louisiana to prepare affidavits that can be used by all and to advise about bypassing the probate processes in Florida or Louisiana.

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Answered on 4/22/03, 9:21 am
Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: affidavit of small succession

This message was erroneously sent to me, a Mississippi attorney. If your father lived in Florida at the time of his death, it seems that Florida law would control, but I am not qualified to answer the question. You need an opinion from a Florida and/or Louisiana attorney.

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Answered on 4/08/03, 10:59 pm
David Slater David P. Slater, Esq.

Re: affidavit of small succession

Since he was a Florida resident, his daughter in Florida must file papers to be appointed in the Circuit Court in the appropriate county. I am sure the clerk of that court will help her.

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Answered on 4/08/03, 11:31 pm


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