Louisiana Small Succession Affidavit
Louisiana is a civil-law state, so the small-estate path is the small succession affidavit. It lets qualifying heirs settle an estate without opening a court succession, by signing an affidavit before a notary and recording it with the parish clerk of court.
Based on La. C.C.P. arts. 3421 and 3431-3434
What Is a Louisiana Small Succession Affidavit?
A small succession affidavit is Louisiana's civil-law version of a small estate affidavit. Under La. C.C.P. arts. 3421 and 3431-3434, the heirs and legatees can swear an affidavit, before a notary, that identifies the decedent, the property, and the persons entitled to it. It is the civil-law equivalent of a common-law small estate affidavit, but it is not filed to open a probate case.
Main Requirements
Gross-Value Test
The entire succession must have a gross value of $125,000 or less, valued as of the date of death, unless the 20-year provision applies.
20-Year Alternative
If the death occurred at least 20 years before the affidavit is signed, the succession qualifies as a small succession regardless of value (La. C.C.P. art. 3421).
Notarized Affidavit
The affidavit must be sworn before a notary and signed by at least two people, including the surviving spouse (if any) and competent heirs or legatees.
Recording for Immovable Property
To transfer immovable (real) property, a certified copy of the affidavit must be recorded in the conveyance records of the parish where the property is located.
Uncontested Facts
The path fits estates where heirship is clear and there are no significant disputes or debts requiring an administrator with court authority.
Civil-Law Concepts Considered
Community versus separate property, usufruct, and forced heirship can change who inherits and must be accounted for before signing.
Available Small-Estate Options
Small Succession by Affidavit
- Limit
- $125,000 gross value, or any value if the death was 20+ years ago
- Real Estate
- Allowed
- Timeline
- Often a few weeks; record with the parish for immovables
- Typical Fee
- Notary, certified copies, and parish recording fees
Simple Succession (Judgment of Possession)
- Limit
- No cap; uncontested estates that do not need administration
- Real Estate
- Allowed
- Timeline
- Often 1-3 months when uncontested
- Typical Fee
- Parish court-cost deposit plus recording fees
Succession With Administration
- Limit
- Use when debts, disputes, or court authority are involved
- Real Estate
- Allowed
- Timeline
- Several months or longer
- Typical Fee
- Parish court-cost deposit plus later filing and recording fees
Step-by-Step Process
Confirm the Estate Qualifies
Check that the gross value of all succession property, valued as of the date of death, is $125,000 or less. If the death occurred at least 20 years ago, the estate qualifies regardless of value (La. C.C.P. art. 3421).
Inventory the Property and Heirs
List immovable (real) property, movable property, accounts, and vehicles, then identify the heirs or legatees, including any surviving spouse, and account for community versus separate property and any usufruct.
Check Whether a Court Succession Is Needed Instead
A small succession affidavit fits uncontested estates with manageable facts. If there are significant debts, disputes, an absent or incapable heir, or a need for someone with authority to act, a court succession may be required instead.
Gather Supporting Documents
Collect the certified death certificate, any will, property descriptions, account information, vehicle titles, and proof of heirship. Louisiana practice often requires affidavits of death, domicile, and heirship.
Sign the Affidavit Before a Notary
The affidavit is sworn and signed before a notary by at least two people, typically the surviving spouse (if any) and one or more competent heirs or legatees. It is not filed to open a court case.
Record the Affidavit With the Parish
To transfer immovable property, record a certified copy of the affidavit in the conveyance records of the parish where the property is located, and in each parish where the decedent owned immovables.
Present the Affidavit to Asset Holders
Use certified copies with banks, the OMV for vehicle titles, and other holders. The affidavit serves as authority to recognize the heirs or legatees and transfer the property to them.
FAQ: Louisiana Small Succession Affidavit
Does Louisiana have a small estate affidavit?
Louisiana is a civil-law state, so it uses a small succession affidavit rather than a common-law small estate affidavit. Under La. C.C.P. arts. 3421 and 3431-3434, qualifying heirs can settle an estate by a notarized affidavit recorded with the parish clerk of court, without opening a court succession.
What is the Louisiana small succession limit?
The estate must have a gross value of $125,000 or less, valued as of the date of death. There is also a separate rule: if the death occurred at least 20 years before the affidavit is signed, the succession qualifies as a small succession no matter the value.
Can a Louisiana small succession affidavit transfer a house or land?
Yes. Unlike many common-law small estate affidavits, a Louisiana small succession affidavit can transfer immovable (real) property when a certified copy is recorded in the conveyance records of the parish where the property is located. Record it in each parish where the decedent owned immovables.
Do I have to file the small succession affidavit in court?
No. The small succession affidavit is not filed to open a court succession. It is sworn before a notary and recorded with the parish clerk of court, so there is no court filing fee. Costs are typically notary fees, certified copies, and parish recording fees.
Who has to sign the small succession affidavit?
Louisiana practice generally requires at least two people to sign before a notary, including the surviving spouse (if any) and one or more competent heirs or legatees of the decedent who are entitled to the property.
When should I open a full succession instead?
A court succession is usually better when the estate exceeds $125,000 (and the death was less than 20 years ago), when there are significant debts or disputes, when an heir is absent or incapable, or when someone needs court authority to act. In those cases, families often use a judgment of possession or a succession with administration.
At a Glance
- Threshold
- $125,000 gross value, or any value if the death occurred 20+ years ago
- Waiting Period
- No fixed statutory waiting period for the affidavit itself; asset holders may set their own timing
- Court Filing Fee
- No court filing fee; notary, certified copies, and parish recording fees only
- Attorney Required
- No statewide requirement; a notary or attorney is often used to prepare and record the affidavit
- Real Estate
- Allowed in limited circumstances
The $125,000 limit is the gross value of the entire succession (immovable and movable property combined) valued as of the date of death, under La. C.C.P. art. 3421. There is no separate per-asset cap. The 2024 legislature (Act 90 / SB 32) confirmed the $125,000 figure and the 20-year alternative; a succession of any value can use the affidavit when the death occurred at least 20 years before the affidavit is signed.
Unlike many common-law small estate affidavits, a Louisiana small succession affidavit can cover immovable (real) property. To transfer immovables, the affidavit must be recorded in the conveyance records of the parish where the property is located. Record a separate certified copy in each parish where the decedent owned immovable property.
County Note: Louisiana small succession affidavits are recorded with the parish clerk of court in the parish where immovable property is located. Recording fees and copy charges vary by parish. Confirm the current recording requirements and fees with each parish clerk of court before relying on the affidavit.
Official Forms, Sources, and Verification
Code of Civil Procedure Art. 3421, Small successions defined
Louisiana State Legislature. Current official code text, accessed June 16, 2026.
Code of Civil Procedure Arts. 3431-3434, Small succession affidavit
Louisiana State Legislature. Search "Code of Civil Procedure 3431" at the official legislature site; accessed June 16, 2026.
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Information current as of May 31, 2026
This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Louisiana can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.