Louisiana Small Estate Affidavit
Louisiana is a civil-law state, so its small estate tool is the affidavit of small succession under La. C.C.P. art. 3421. It settles an estate with a gross value of $200,000 or less, transfers both personal and real property, and needs no court opening. Attorney review available.
Introduction
A small estate affidavit is a sworn statement that lets a decedent's heirs collect and transfer estate property without a full court proceeding. Louisiana is a civil-law state, so its version is the affidavit of small succession under Louisiana Code of Civil Procedure Article 3421 et seq., not a common-law small estate affidavit. It is available for a small succession, which for a person who died domiciled in Louisiana means an estate with a gross value of $200,000 or less, valued as of the date of death (La. C.C.P. art. 3421(1)). For a person who died domiciled outside Louisiana, the ancillary succession qualifies when the Louisiana property has a gross value of $125,000 or less (art. 3421(2)), and there is no value limit at all if the death occurred at least 20 years before the affidavit is executed (art. 3421(3)). Louisiana sets no waiting period after death before the affidavit may be executed, presented, or recorded. Unlike common-law states, the Louisiana affidavit transfers both movable property, such as bank accounts, and immovable property, meaning real estate. It must be signed by at least two affiants, the surviving spouse (if any) and one or more heirs, or, with no surviving spouse, at least two heirs (art. 3432). No judicial opening of the succession is required (art. 3431). Movable property is obtained by presenting the affidavit to the holder, and immovable property passes by recording the affidavit in the conveyance records of the parish where the property is located (art. 3434). DocDraft builds your Louisiana affidavit of small succession from your facts, with attorney review available before you sign.
Key Things to Know
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A small estate affidavit is a sworn statement that lets a decedent's heirs collect and transfer estate property without a full court proceeding; in Louisiana it is the affidavit of small succession under Louisiana Code of Civil Procedure Article 3421 et seq.
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For a person who died domiciled in Louisiana, the succession qualifies as a small succession when the estate has a gross value of $200,000 or less, valued as of the date of death (La. C.C.P. art. 3421(1)).
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For a person who died domiciled outside Louisiana, the ancillary succession qualifies when the Louisiana property has a gross value of $125,000 or less (art. 3421(2)), and there is no value limit if the death occurred at least 20 years before the affidavit is executed (art. 3421(3)).
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Louisiana sets no waiting period after death; the affidavit may be executed, presented, and recorded without waiting a set number of days.
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Unlike common-law states, the Louisiana affidavit transfers both movable property, such as bank accounts, and immovable property, meaning real estate (art. 3434).
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The affidavit must be signed by at least two affiants: the surviving spouse (if any) and one or more heirs, or, with no surviving spouse, at least two heirs (art. 3432).
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No judicial opening of the succession is required (art. 3431); movable property is obtained by presenting the affidavit to the holder, and immovable property passes by recording it in the conveyance records of the parish where the property is located (art. 3434).
Key decisions before you file
Before you file a Small Estate Affidavit in Louisiana, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
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Louisiana Requirements for Small Estate Affidavit
Louisiana sets no waiting period after death before the affidavit of small succession may be executed, presented to asset holders, or recorded (La. C.C.P. art. 3432 and art. 3434). An older version required a 90-day wait before recording, but that was removed by later amendment, so confirm the current text.
For a person who died domiciled in Louisiana, the estate must have a gross value of $200,000 or less, valued as of the date of death, to qualify as a small succession (La. C.C.P. art. 3421(1)). The value counts the gross value of the property, not the net after debts.
For a person who died domiciled outside Louisiana, the ancillary succession qualifies when the Louisiana property has a gross value of $125,000 or less (La. C.C.P. art. 3421(2)). There is no value limit at all if the death occurred at least 20 years before the affidavit is executed, and property of any value may pass (art. 3421(3)).
Unlike common-law states, the Louisiana affidavit transfers both movable property, such as bank accounts and securities, and immovable property, meaning real estate (La. C.C.P. art. 3434). This dual reach is the core difference from a common-law small estate affidavit, which usually reaches only personal property.
The affidavit must be signed by at least two affiants: the surviving spouse, if any, and one or more heirs; if there is no surviving spouse, at least two heirs; and if there is no surviving spouse and only one heir, that heir plus a second person with actual knowledge of the facts (La. C.C.P. art. 3432). It is sworn before a notary or other officer authorized to administer oaths.
It is not necessary to open the small succession judicially (La. C.C.P. art. 3431). The affidavit itself is full authority for holders to deliver movable property to the heirs, so the estate is settled without a court succession proceeding.
Movable property is obtained by presenting the affidavit to the bank or other holder, which is authorized to deliver it to the heirs (La. C.C.P. art. 3434(A)). Immovable property passes when a multiple original or certified copy is recorded in the conveyance records of the parish where the real estate is located (art. 3434(C)).
For a testate ancillary small succession, the affidavit attaches a copy of the testament and a certified copy of the probate order of the other jurisdiction (La. C.C.P. art. 3433(A)(8)). Confirm which attachments and heirship proof the parish clerk of court and asset holders require before presenting the affidavit.
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Check my Small Estate AffidavitFrequently Asked Questions
Because Louisiana is a civil-law state, its small estate tool is the affidavit of small succession under Louisiana Code of Civil Procedure Article 3421 et seq. It is a sworn statement, signed by at least two affiants, that lets a decedent's heirs collect and transfer the estate property without opening the succession in court. It is available when the estate is a small succession, generally a gross value of $200,000 or less for a Louisiana-domiciled decedent, and it reaches both movable and immovable property.
In Louisiana, settling an estate in court is called opening the succession, where a court appoints a representative and issues judgments of possession. The affidavit of small succession skips that: under La. C.C.P. art. 3431 it is not necessary to open the succession judicially, and the affidavit itself authorizes holders to release movable property and, once recorded in the parish conveyance records, passes immovable property to the heirs (art. 3434). It is available only when the estate qualifies as a small succession under art. 3421.
For a person who died domiciled in Louisiana, the estate must have a gross value of $200,000 or less, valued as of the date of death (La. C.C.P. art. 3421(1)). For a person domiciled outside Louisiana, the Louisiana property must have a gross value of $125,000 or less (art. 3421(2)). There is no value limit at all if the death occurred at least 20 years before the affidavit is executed (art. 3421(3)). The value counts the gross value of the property, not the net.
No. The current Louisiana statute sets no minimum number of days after the death before the affidavit of small succession may be executed, presented to asset holders, or recorded (La. C.C.P. art. 3432 and art. 3434). An older version required a 90-day wait before recording, but that requirement was removed by later amendment. Because this is a change from the prior rule, confirm the current text before relying on it for a Louisiana succession.
Yes. This is a core difference from common-law states. The Louisiana affidavit of small succession transfers both movable property, such as bank accounts and securities, and immovable property, meaning real estate (La. C.C.P. art. 3434). Movable property is delivered by the holder on presentation of the affidavit, and immovable property passes when a multiple original or certified copy is recorded in the conveyance records of the parish where the real estate is located.
At least two affiants must sign. For an intestate small succession, they are the surviving spouse, if any, and one or more heirs; if there is no surviving spouse, at least two heirs must sign; and if there is no surviving spouse and only one heir, that heir plus a second person who has actual knowledge of the facts must sign (La. C.C.P. art. 3432). The affidavit is sworn before a notary or other officer authorized to administer oaths.
It is used in two ways, and it is not filed to open a court succession. For movable property, the affiants present the affidavit to the bank or other holder, which is then authorized to deliver the property to the heirs (La. C.C.P. art. 3434(A)). For immovable property, a multiple original or certified copy is recorded in the conveyance records of the parish where the real estate is located, which passes title to the heirs (art. 3434(C)).
Louisiana has separate rules for those cases. If the decedent died domiciled outside Louisiana, the ancillary succession qualifies as a small succession when the Louisiana property has a gross value of $125,000 or less (La. C.C.P. art. 3421(2)). If the death occurred at least 20 years before the affidavit is executed, there is no value limit at all and property of any value may pass (art. 3421(3)). A testate ancillary succession also attaches the will and the certified out-of-state probate order (art. 3433).