La. Stat. tit. 9 § 1513

Current with operative changes from the 2024 Third Special Legislative Session

Section 9:1513 - Payment to surviving spouse without court proceedings

A. Any federally insured depository institution may pay to the surviving spouse of a depositor a sum not to exceed twenty thousand dollars out of the deposits of a decedent or out of deposits of the community between the survivor and the decedent, deposited in the name of the decedent, or of the survivor, or in the name of the decedent jointly with the survivor or otherwise, without any court proceedings, order, or judgment authorizing the same. The surviving spouse shall give to the paying depository an affidavit that the total funds withdrawn do not exceed twenty thousand dollars from all depositories.

B. In the event of such payment, the receipt of the surviving spouse to whom it is made is a full release and discharge of the payor federally insured depository institution for the amount paid and for any inheritance tax determined to be due, and no tax collector, creditor, heir, personal representative, or any other person shall have any right or cause of action against any federally insured depository institution on account of the payment.

C. Notwithstanding the provisions of Subsection A of this Section, in the event a surviving spouse possesses funds which have been deposited in an account listed solely in the name of the surviving spouse, the payor federally insured depository institution may release such funds in the account of the surviving spouse without liability for any estate, inheritance, or succession taxes which may be due to the state.

D. Notwithstanding the provisions of this Section or any other provision of law, the provisions of R.S. 6:312 establish the exclusive method for payment of funds from an alternative account.

La. R.S. § 9:1513

Added by Acts 1952, No. 539, §1. Amended by Acts 1956, No. 559, §1; Acts 1958, No. 126, §1; Acts 1964, No. 194, §2; Acts 1966, No. 235, §2; Acts 1974, No. 20, §1; Acts 1976, No. 316, §1; Acts 1978, No. 153, §1; Acts 1984, No. 54, §1; Acts 1995, No. 1143, §2; Acts 2018, No. 302, §1.

Amended by Acts 2018, No. 302,s. 1, eff. 8/1/2018.