Louisiana Affidavit of Heirship
Louisiana calls it a small succession affidavit: prima facie evidence of heirs the moment it is recorded, gated by value caps unless the death was twenty years ago.
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Introduction
Louisiana has no instrument literally called an affidavit of heirship. What functions as one is the small succession affidavit under La. Code Civ. Proc. arts. 3421-3434. Recorded in the parish conveyance records under art. 3434(C)(1), it becomes prima facie evidence of the affiants' relationship to the deceased and their rights in the deceased's immovable property, effective immediately on recording. It does not transfer or convey title; the heirs already own the property from the moment of death under Civil Code art. 935, and recordation only makes that ownership effective against third parties. The route is gated: it is available only within the small succession regime of art. 3421, generally to estates of $200,000 or less for a Louisiana domiciliary (confirm the current figure before relying on it) or $125,000 for a nonresident's Louisiana property, unless the decedent has been dead at least twenty years, in which case the value cap disappears entirely. A Louisiana domiciliary who died testate while owning Louisiana land cannot use it at all and must open a judicial succession instead.
Key Things to Know
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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
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.
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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.
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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.
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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.
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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.
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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.
Key decisions before you file
Before you file a Affidavit of Heirship in Louisiana, a few decisions shape the document: which option to choose and what each one means. The Affidavit of Heirship guide walks through them.
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Louisiana Requirements for Affidavit of Heirship
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.
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.
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.
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.
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.
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.
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Check my Affidavit of HeirshipFrequently Asked Questions
No. Under Louisiana law heirs already own estate property from the moment of death under Civil Code article 935. The recorded small succession affidavit is prima facie evidence of who the heirs are and their rights in the immovable property under article 3434(C)(2); it does not convey or vest title.
At least two affiants, and the statute specifies who: the surviving spouse, if any, plus one or more heirs. If there is no surviving spouse and only one heir, that heir signs together with a second person who has actual knowledge of the facts stated, under article 3432(A) and (B). The affiants are required to be interested parties, not disinterested witnesses.
No. Under the current text of article 3434(C)(1), the affidavit can be recorded, and becomes prima facie evidence, as soon as it is signed, with no ninety-day wait and no requirement to attach a death certificate. Older sources that describe a ninety-day wait are out of date.
Article 3432(A)(4) lets the affiants proceed without a missing heir's signature if they recite that the heir could not be located after reasonable diligence, or that the heir received thirty days' mailed notice and did not object. An omitted heir who was not recognized still has two years from recording to sue a later buyer who paid value for the property, under article 3434(C)(3).
Yes, if the decedent has been dead at least twenty years before the affidavit is executed. Article 3421(3) removes the value cap entirely once that twenty-year mark has passed, which is the route for old family land where no succession was ever opened. Below twenty years, the affidavit is capped at $200,000 for a Louisiana domiciliary or $125,000 for a nonresident's Louisiana property; the domiciliary figure has changed recently, so confirm the current cap before relying on it.
When the decedent was a Louisiana domiciliary who died testate while owning Louisiana immovable property. Article 3431(A) excludes that combination from the small succession route entirely, so those heirs must open a judicial succession and obtain a judgment of possession instead.
They are the same statute used two ways. The small estate side, under article 3434(A)-(B), lets affiants present the affidavit to a bank or other holder to collect movable property such as accounts. The heirship side, under article 3434(C), records the affidavit in the parish conveyance records as prima facie evidence of the heirs' rights in immovable property. The two pages describe different sections of the same articles and should be read together, not as substitutes.
No, and confusing them is a real risk. The affidavit of death, domicile and heirship under articles 2821-2822 is filed only in the record of a court succession proceeding; it has no recordation statute and no prima facie effect on its own. The recordable instrument with prima facie evidentiary force is the small succession affidavit under article 3434(C).