Louisiana: Small Estate Affidavit Thresholds & Procedure

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

$125,000, measured by the gross value of the property the decedent left,
valued as of the date of death — there's no subtraction for debts or
liabilities. This figure is a flat number fixed in the statute text itself, not
adjusted for inflation. A separate, value-irrelevant path also qualifies: if
the decedent has been dead at least 20 years, any estate qualifies as a small
succession regardless of size (art. 3421(3)). A change to the main figure is
already signed into law but not yet in effect: 2026 Act No. 293 (HB 215) raises
the Louisiana-domiciliary threshold in art. 3421(1) from $125,000 to $200,000,
effective August 1, 2026. Only that one paragraph is amended — the separate
$125,000 figure for an out-of-state decedent's Louisiana property (art.
3421(2)) is untouched by this bill.

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. That's consistent with a
basic principle of Louisiana civil law: ownership of the estate transfers to
the heirs immediately at the moment of death, so there's no reason to make
them wait. The only day-count anywhere 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

Lighter than Louisiana's usual notarial formality. Civil-law "authentic acts"
(like an authentic will) generally need a notary plus two witnesses, but the
small-succession affidavit only needs to 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: the $125,000 figure is
about to change — anyone researching this in mid-2026 should double-check
whether their filing date falls before or after August 1, 2026, when the
threshold rises to $200,000 for Louisiana domiciliaries. 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 — "A small succession, within the meaning of
  this Title, is any of the following: (1) The succession of a person who
  died domiciled in Louisiana and who died leaving property with a gross
  value of one hundred twenty-five thousand dollars or less valued as of the
  date of death. (2) The ancillary succession of a person who died domiciled
  outside of Louisiana and who died leaving property in Louisiana with a
  gross value of one hundred twenty-five thousand dollars or less valued as
  of the date of death. (3) The succession of a person whose date of death
  occurred at least twenty years prior to the execution of a small succession
  affidavit and who died leaving property in Louisiana of any value." —
  https://www.legis.la.gov/legis/Law.aspx?d=111765 (accessed 2026-07-31)
• 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 2026-07-06)
• 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 2026-07-06)
• 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 2026-07-06)
• 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 2026-07-06)
• 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 2026-07-06)
• 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 2026-07-06)
• 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 2026-07-06)
• 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 2026-07-31)