Louisiana Affidavit of Heirship

Introduction

Key Things to Know

1. 1

   A Louisiana domiciliary who died testate while owning Louisiana immovable property cannot use the small succession affidavit at all. Article 3431(A) permits the no-court route only for an intestate Louisiana domiciliary, a testate Louisiana domiciliary who left no Louisiana immovable property, or a nonresident decedent. That testate-with-land combination must go through a judicial succession and a judgment of possession instead.

2. 2

   Recorded in the parish conveyance records under article 3434(C)(1), the affidavit is prima facie evidence of the affiants' relationship to the deceased and their rights in the deceased's immovable property, effective the day it is recorded. It is evidence, not a conveyance: the heirs already own the property from the moment of death under Civil Code article 935, and the affidavit does not transfer or vest title.

3. 3

   The value cap that gates the affidavit disappears if the decedent has been dead at least twenty years before the affidavit is executed. Article 3421(3) then allows the affidavit regardless of the property's value, which covers the classic case of old family land where no succession was ever opened. Below twenty years, the cap is $200,000 for a Louisiana domiciliary, a figure that has changed recently, so confirm it before relying on it, or $125,000 for a nonresident's Louisiana property.

4. 4

   Louisiana requires two affiants by statute, and they must be interested, not disinterested. Article 3432(A) requires the surviving spouse, if any, and one or more heirs to sign; with no surviving spouse and only one heir, that heir signs alongside a second person with actual knowledge of the facts. A disinterested stranger cannot carry the affidavit alone.

5. 5

   There is no waiting period to record a Louisiana affidavit of heirship. The current text of article 3434(C)(1) has no ninety-day delay and no requirement to attach a certified death certificate, even though many secondary sources and form vendors still describe that old rule.

6. 6

   An omitted heir who is not recognized in the affidavit has two years from the date of recording to bring a claim against a third person who later bought the property for value; after that, article 3434(C)(3) cuts the claim off. That two-year window is why leaving out a known heir is serious even though the affidavit is not conclusive.

7. 7

   The same Louisiana affidavit covers both movable and immovable property in one instrument. Presenting a multiple original to a bank or other holder releases movable property such as accounts under article 3434(A)-(B); recording a multiple original in the parish conveyance records adds the heirship evidence for immovable property under article 3434(C). Do not confuse this with the 'affidavit of death, domicile and heirship' under articles 2821-2822, which is filed only in a court succession record and is not a recordable instrument.

Louisiana Requirements for Affidavit of Heirship

• Louisiana Small Succession Eligibility Gate

  The affidavit is available only where the succession qualifies as a small succession under article 3421: a Louisiana domiciliary at $200,000 or less (a figure that has changed recently, so confirm it before relying on it), a nonresident's Louisiana property at $125,000 or less, or any value if the decedent has been dead at least twenty years. Article 3431(A) additionally excludes a Louisiana domiciliary who died testate while owning Louisiana immovable property; that estate must open a judicial succession.

• Louisiana Twenty-Year Any-Value Exception

  Under article 3421(3), if the decedent has been dead at least twenty years before the affidavit is executed, the small succession value cap does not apply and the affidavit may be used regardless of the property's value.

• Louisiana Two Interested Affiants Required

  Article 3432(A) and (B) require the surviving spouse, if any, and one or more heirs to sign, or, with no surviving spouse and only one heir, that heir plus a second person with actual knowledge of the facts. The affiants must be interested parties; a disinterested witness cannot carry the affidavit alone.

• Louisiana No Waiting Period to Record

  Under the current text of article 3434(C)(1), the affidavit takes effect on recording with no waiting period and no requirement to attach a certified death certificate, though older sources still describe a former ninety-day wait.

• Louisiana Two-Year Prescription Against Omitted Heirs

  Under article 3434(C)(3), a successor not recognized in the affidavit has two years from the date of recording to assert a claim against a third person who later acquires the property by onerous title. After that, the claim is prescribed.

• Louisiana Single Instrument Covers Movable and Immovable Property

  Article 3434(A)-(B) lets a multiple original of the affidavit authorize a bank or other holder to release the deceased's movable property to the heirs; article 3434(C) separately requires recording in the parish conveyance records for the affidavit to serve as evidence of heirship in immovable property.