Small Estate Affidavit Thresholds & Procedure in Louisiana

At a glance

Requirements one by one

Governing law

Louisiana's "Small Successions" framework lives in the Code of Civil Procedure, Book VI, Title V, arts. 3421 through 3434. Article 3421 defines what counts as a small succession and sets the dollar figure. Chapter 2 of the same Title (arts. 3431–3434) is what actually lets most estates skip court: it defines when a judicial opening isn't necessary and lays out the affidavit itself.

Dollar threshold

For a person domiciled in Louisiana, the cap is $200,000, measured by the gross value of the property at death without subtracting debts. 2026 Act No. 293 amended only art. 3421(1) to make that change effective August 1, 2026.

The other two routes did not change. An out-of-state decedent's Louisiana property remains subject to a $125,000 gross-value cap under art. 3421(2). If the death occurred at least 20 years before the affidavit, art. 3421(3) allows a small succession regardless of value. None of these figures is CPI-indexed.

Court filing required?

No, for most qualifying estates — this is closer to a true bank-facing affidavit than a court process. Article 3431 lists exactly when judicial opening isn't required: an intestate Louisiana domiciliary; a testate Louisiana domiciliary who left no Louisiana immovable property, if everyone who would inherit agrees to waive probate; or anyone domiciled outside Louisiana (intestate, or whose will was already probated elsewhere). When none of those apply — most often, a Louisiana domiciliary who died testate while owning Louisiana real estate — the estate can still be handled as a judicial small succession, a real court filing, just at half the normal court costs (art. 3422).

Waiting period after death

None. No article in this Title sets any number of days that must pass after death before the affidavit can be signed and used. Civil Code arts. 934 and 935 instead say succession occurs at death and that successors acquire ownership immediately. The only affidavit-related day-count in these articles is a 30-day mailed notice to an heir or legatee who won't be signing the affidavit personally (arts. 3432(4)(b), 3433(4)) — that's a notice period, not a waiting period after death.

Works with a will, intestacy, or both?

Both, but the specific affidavit form differs by scenario:

• Intestate (no will): use art. 3432's affidavit.
• Testate, domiciled in Louisiana: use art. 3432.1's affidavit, which requires the surviving spouse and every heir and legatee to agree to waive probate, and requires naming which heirs are also "forced heirs" — certain young or disabled descendants Louisiana law protects even against a disinheriting will. Signing the affidavit doesn't waive a forced heir's own rights; it just requires disclosing who they are.
• Testate, domiciled outside Louisiana: use art. 3433's affidavit, which additionally requires a certified copy of the probate order from the other state or country.

Does it cover real property?

It depends entirely on which affidavit applies — a genuine trap for anyone assuming one uniform rule. The intestate affidavit (art. 3432) and the non-Louisiana-domiciliary testate affidavit (art. 3433) can both transfer Louisiana real estate; either one gets recorded directly in the conveyance records of the parish where the property sits (art. 3434(C)). But the Louisiana-domiciliary testate affidavit (art. 3432.1) is barred entirely if the decedent owned any Louisiana immovable property at all — the affidavit itself must affirmatively state the decedent died owning none.

Signature formalities

The small-succession affidavit must be sworn before "any officer or person authorized to administer oaths in the place where the affidavit is executed" — a notary qualifies, but the statute doesn't require one specifically. It must be signed by the surviving spouse (if any) plus at least one heir or legatee; if there's no surviving spouse and only one heir, a second person with actual knowledge of the facts must also sign.

Protection for the bank/holder

Solid. Article 3434 makes the signed affidavit "full and sufficient authority" for a bank, financial institution, or any other holder to pay money or hand over property to the people named in it, discharges that holder once payment is made, and bars any creditor, heir, legatee, or succession representative from suing the holder over the payout. A separate and narrower statute, R.S. 9:1513, gives a surviving spouse a similar no-affidavit-required path to withdraw up to $20,000 directly from a bank account, with the same kind of discharge for the bank.

What trips people up

The biggest trap is assuming Louisiana's small-succession rule treats real estate the same way regardless of the paperwork — it doesn't. A Louisiana resident who died with a will and owned even a small piece of Louisiana land cannot use the no-court affidavit at all if that land is still in the estate, while an intestate Louisiana resident's affidavit can transfer real estate outright. People also sometimes reach for the wrong affidavit form: intestate, Louisiana-domiciliary-testate, and non-Louisiana-domiciliary-testate each have their own article with different attachments required (a copy of the will, another state's probate order, and so on). A third: Louisiana now has two different ordinary dollar caps. The $200,000 figure applies to a Louisiana domiciliary; the out-of-state decedent's Louisiana-property cap remains $125,000. Finally, the forced-heirship disclosure requirement in the testate affidavit can be confusing — naming a forced heir in the affidavit doesn't waive that heir's protected inheritance rights; it's a disclosure, not a release.

Common questions

Does Louisiana call this a "small estate affidavit" like other states? No — the statute and courts call it a "small succession," and the document itself is a "small succession affidavit," but it serves the same purpose as a small estate affidavit elsewhere.

Can I use the affidavit if my parent owned a house in Louisiana and left a will? Not the no-court affidavit — that specific combination (Louisiana domicile, a will, and Louisiana real estate) is barred from the affidavit route entirely; it would need to go through a judicial small succession instead, which is still simpler and cheaper than a full succession administration.

How long do I have to wait after the death to use this? There's no waiting period at all tied to the date of death under Louisiana law — you can use the affidavit as soon as it can be accurately completed and signed by the required people.

What if my parent has been dead for many years and we never opened a succession? Louisiana has a separate rule for this: if at least 20 years have passed since the date of death, the estate qualifies as a small succession regardless of its value.

Statutes and sources

• La. Code Civ. Proc. art. 3421 and 2026 La. Acts No. 293 — Act 293 amended paragraph (1) to set a $200,000 cap for a Louisiana domiciliary. Paragraph (2) keeps the $125,000 cap for an out-of-state decedent's Louisiana property, and paragraph (3) has no value cap when the death occurred at least 20 years before the affidavit. Official article text and enrolled Act 293, accessed 2026-08-08.
• La. Code Civ. Proc. art. 3422 — "In judicial proceedings under this Title, the following schedule of costs, compensation, and fees shall prevail: (1) Court costs shall be one-half of the court costs in similar proceedings in successions that are not small successions. (2) The compensation of the succession representative shall be not more than five percent of the gross assets of the succession." — https://www.legis.la.gov/legis/Law.aspx?d=111766 (accessed 2026-08-08)
• La. Code Civ. Proc. art. 3431 — "A. It shall not be necessary to open judicially the small succession of any of the following persons: (1) A person domiciled in Louisiana who died intestate. (2) A person domiciled in Louisiana who died testate leaving no immovable property in Louisiana, if the surviving spouse, all persons who would inherit under the testament, and all other persons who would inherit in the absence of a testament agree to waive probate of the testament. (3) A person domiciled outside of Louisiana who died intestate or whose testament has been probated by court order of another state." — https://www.legis.la.gov/legis/Law.aspx?d=111767 (accessed 2026-08-08)
• La. Code Civ. Proc. art. 3432 — "A. When it is not necessary in accordance with the provisions of Article 3431 to open judicially a small succession, at least two persons, including the surviving spouse, if any, and one or more heirs of the deceased, may execute one or more multiple originals of an affidavit, duly sworn before any officer or person authorized to administer oaths in the place where the affidavit is executed... (4) The names and last known addresses of the heirs of the deceased, their relationship to the deceased, and the statement that an heir not signing the affidavit either: (a) Cannot be located after the exercise of reasonable diligence. (b) Was given thirty days' notice by United States mail of the affiants' intent to execute an affidavit for small succession and did not object. (5) A description of the property left by the deceased, including whether the property is community or separate, and which, in the case of immovable property, shall be sufficient to identify the property for purposes of transfer. ... B. If the deceased had no surviving spouse, the affidavit shall be signed by at least two heirs. If the deceased had no surviving spouse and only one heir, the affidavit shall also be signed by a second person who has actual knowledge of the matters stated in the affidavit." — https://www.legis.la.gov/legis/Law.aspx?d=111768 (accessed 2026-08-08)
• La. Code Civ. Proc. art. 3432.1 — "A. When it is not necessary in accordance with the provisions of Article 3431 to open judicially a small succession, all of the heirs and legatees of the deceased, including the surviving spouse, if any, may execute one or more multiple originals of an affidavit, duly sworn before any officer or person authorized to administer oaths in the place where the affidavit is executed, setting forth all of the following: ... (3) ...identifying those of the heirs who are also forced heirs of the deceased. ... (5) A description of the movable property left by the deceased, including whether the property is community or separate, and an affirmation that the deceased died owning no immovable property in Louisiana. ... (10) An affirmation that, by signing the affidavit, each affiant expressly waives any right to challenge the validity of the testament or any of its provisions." — https://www.legis.la.gov/legis/Law.aspx?d=813956 (accessed 2026-08-08)
• La. Code Civ. Proc. art. 3433 — "A. When it is not necessary in accordance with the provisions of Article 3431 to open judicially a small succession, at least two persons, including the surviving spouse, if any, and one or more legatees of the deceased, may execute one or more multiple originals of an affidavit, duly sworn before any officer or person authorized to administer oaths in the place where the affidavit is executed... (8) An attachment consisting of a copy of the testament and a certified copy of the probate order of the court of another jurisdiction or the equivalent thereof. ... B. If the deceased had no surviving spouse, the affidavit shall be signed by at least two persons who have actual knowledge of the matters stated in the affidavit." — https://www.legis.la.gov/legis/Law.aspx?d=111769 (accessed 2026-08-08)
• La. Code Civ. Proc. art. 3434 — "A. A multiple original of the affidavit or a certified copy thereof authorized by Article 3432, 3432.1, or 3433 shall be full and sufficient authority for the payment of any money or the delivery of any 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 in the affidavit, by any federally insured depository institution, financial institution, trust company, warehouseman, depositary, domestic or foreign corporation, or by any person having the property in his possession or under his control. 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 in accordance with the provisions of this Article. Any creditor, heir, legatee, succession representative, or other person shall have no right or cause of action against the person paying the money or delivering the property in accordance with the provisions of this Article on account of the payment or delivery. C.(1) A multiple original of the affidavit or a certified copy thereof and any required attachments in accordance with Article 3433 shall be recorded in the conveyance records of the parish where any immovable property described in the affidavit is situated." — https://www.legis.la.gov/legis/Law.aspx?d=111770 (accessed 2026-08-08)
• R.S. 9:1513 — "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. ... 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 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." — https://www.legis.la.gov/legis/Law.aspx?d=106691 (accessed 2026-08-08)
• La. Civ. Code arts. 934 and 935 — succession occurs at death, and successors acquire ownership immediately. Art. 934 and art. 935, accessed 2026-08-08.
• LA HB 215 (2026), Act No. 293 — raises the Louisiana-domiciliary threshold to $200,000 effective August 1, 2026. https://www.legis.la.gov/Legis/ViewDocument.aspx?d=1479530 and https://www.legis.la.gov/Legis/BillInfo.aspx?i=249875 (checked 2026-08-08)