Louisiana Small Estate Affidavit

Introduction

Key Things to Know

1. 1

   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.

2. 2

   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)).

3. 3

   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)).

4. 4

   Louisiana sets no waiting period after death; the affidavit may be executed, presented, and recorded without waiting a set number of days.

5. 5

   Unlike common-law states, the Louisiana affidavit transfers both movable property, such as bank accounts, and immovable property, meaning real estate (art. 3434).

6. 6

   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).

7. 7

   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).

Louisiana Requirements for Small Estate Affidavit

• No Waiting Period

  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.

• $200,000 Gross Value Limit

  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.

• Ancillary and Twenty-Year Rules

  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)).

• Transfers Movable and Immovable Property

  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.

• At Least Two Affiants

  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.

• No Judicial Opening Required

  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.

• Presented to Holders and Recorded in the Parish

  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)).

• Testate Ancillary Attachments

  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.