Louisiana Small Succession Affidavit: The Two Tests That Decide

Last updated: October 9, 2026

While some Louisiana estates can be settled without going to court at all, value alone does not decide it. A second rule looks at whether the person left a will and what that person owned. Here is how the Small Succession Affidavit works, and the critical mistakes families make when using it.

What Is the Louisiana Small Succession Affidavit?

La. C.C.P. arts. 3421 to 3434 provide a simplified alternative to the full succession process for small estates. Where it is available, the Small Succession Affidavit allows heirs to transfer property without filing a court proceeding. That saves time, money, and the complexity of a formal succession.

However, the Small Succession Affidavit has strict eligibility requirements, and using it incorrectly can create title problems that are expensive to fix later.

Eligibility Requirements

In order for an estate to qualify, two separate tests must be met. The value limit does not by itself keep a succession out of court. Both tests use where the decedent was domiciled at the time of their death, which means where the person made their permanent legal home. This determination is based on several different factors and should be discussed with an attorney.

The first test is based on the total value of the decedent’s estate, and it is set by La. C.C.P. art. 3421. There may be some assets which would not be included for this calculation. For a person who died domiciled in Louisiana, the Louisiana property owned at death must have a gross value of $200,000 or less. For a person who died domiciled outside Louisiana, the Louisiana property must have a gross value of $125,000 or less. If the death occurred at least twenty years before the affidavit is signed, and the person left property in Louisiana, there is no dollar limit at all. Gross value means the value before debts are subtracted. Value is measured as of the date of death, not at today’s prices. The test looks at the whole estate, not just the asset being transferred.

The second test is who the person was and what they owned, and it is set by La. C.C.P. art. 3431. It is much narrower than the value test. The affidavit may be available for:

• A person who died domiciled in Louisiana without a will
• A person who died domiciled in Louisiana with a will, who left no Louisiana immovable property
• A person who died domiciled outside Louisiana who left no will
• A person who died domiciled outside Louisiana whose will has been probated by court order in another state

Immovable property typically means real estate such as a house, land or a camp. Where the person died domiciled in Louisiana without a will, the affidavit can transfer Louisiana real estate. The route for a person who died domiciled in Louisiana with a will carries one more condition. The surviving spouse, everyone who would inherit under the will, and everyone who would inherit without a will must all agree to waive probate. Anyone outside those descriptions has to have the succession opened in court, however small the estate.

Real estate does not rule out the affidavit by itself. Where the person died domiciled in Louisiana without a will, and the estate is within the value limit, a house, a camp, or land may pass by affidavit. The property has to be described well enough to be transferred. A person who died domiciled in Louisiana, left a will, and owned any Louisiana immovable property cannot use the affidavit at any value. In that case a formal succession is required (see our uncontested Louisiana succession service page for the standard flat-fee path). Immovable property means real estate such as a house, land or a camp. Even where court is required, an estate that meets the value test is still a small succession. Court costs are half the rate charged in a succession that is not a small succession, under La. C.C.P. art. 3422(1). Attorney fees are separate and are not affected.

What Assets Can Be Transferred?

Depending on which route applies, the Small Succession Affidavit can be used to transfer:

• Bank accounts and certificates of deposit
• Vehicles (through the Louisiana Office of Motor Vehicles)
• Investment accounts and brokerage accounts (which contain no named beneficiary)
• Personal property (jewelry, furniture, equipment)
• Life insurance proceeds payable to the estate (not to a named beneficiary)
• Louisiana real estate, on the routes described below

Whether real estate can pass depends on the route. Where the person died domiciled in Louisiana without a will, and the estate is within the value limit, the affidavit can transfer Louisiana real estate. Where the person died domiciled outside Louisiana and the affidavit is available, it can also transfer Louisiana real estate. A person who died domiciled in Louisiana, left a will, and owned any Louisiana immovable property cannot use the affidavit at any value.

How the Affidavit Works

The Small Succession Affidavit is a sworn statement, signed before a notary public. The list below is for a person who died domiciled in Louisiana without a will. Among other things, the affidavit must contain:

• The names and last known addresses of the heirs, and how each one is related to the decedent
• A description of the property the decedent left, with any real estate described well enough to transfer it (this is usually a property description found in the Act of Sale or in the Conveyance Records in which the property is located)
• Whether that property is community property or separate property
• The share each heir inherits
• Whether the surviving spouse has a legal usufruct, meaning a right to use the property that Louisiana law gives the spouse

Where the person died without a will, an heir who will not sign does not automatically stop the affidavit. The affidavit has to say one of two things about that heir. Either the heir cannot be located after a reasonable search. Or the heir was given thirty days’ notice by United States mail of the intent to sign the affidavit, and did not object. An heir who objects does stop the affidavit. On the route for a person who died domiciled in Louisiana with a will, the surviving spouse and every heir have to agree to waive probate, so an heir who does not sign does stop the affidavit. That route is only open where the person left no Louisiana immovable property. The full list of required statements for the no-will route is in La. C.C.P. art. 3432, and your attorney prepares it. The other routes have their own contents rules. Tell us which route applies and we will tell you what that affidavit has to contain.

Once the Small Succession Affidavit is properly executed, the affidavit can be presented to the financial institution, DMV, or other holder of the asset which would allow it to transfer the property to the proper heirs. The institution is legally protected if it transfers the asset in good faith reliance on the affidavit. Where the estate includes real estate, the affidavit also has to be recorded in the conveyance records of the parish where that property is located. Recording starts a two-year clock. After that clock runs, a person who claims to be an heir but was not named in the affidavit can no longer challenge someone who later acquired the property for value. Some Louisiana title insurers ask for a Judgment of Possession before they will insure a sale. If a sale is planned soon, tell us and we will say which route fits.

Common Mistakes to Avoid

Mistake 1: Undervaluing the Estate

For a person who died domiciled in Louisiana, the $200,000 threshold applies to the total gross value of the estate, not just to the asset being transferred. Say that person left a $90,000 bank account, a $40,000 vehicle, and $80,000 in personal property. The total estate value is $210,000, so the estate is over the limit, even though each individual asset is well under $200,000.

Mistake 2: Overlooking Mineral Interests

Many Louisiana families do not realize the decedent owned mineral interests, meaning small fractional interests in oil and gas production that were inherited generations ago. A forgotten mineral interest counts toward the gross value under the first test. That can push an estate over the limit without anyone noticing. (When mineral interests are involved, see our Louisiana mineral rights succession service.)

Mistake 3: Assuming Real Estate Always Rules the Affidavit Out

Some families are told that a house or a camp puts the Small Succession Affidavit out of reach. That is not a general rule. Whether real estate can pass by affidavit turns on the will. Where the person died domiciled in Louisiana without a will, a house, a camp, or land may pass by affidavit if the estate is within the value limit. The property has to be described well enough to be transferred. The affidavit then has to be recorded in the conveyance records of the parish where that property sits. Where the person died domiciled outside Louisiana and the affidavit is available, it can also transfer Louisiana real estate. A person who died domiciled in Louisiana, left a will, and owned any Louisiana immovable property cannot use the affidavit at any value. Immovable property means real estate such as a house, land or a camp.

Mistake 4: Signing Without Legal Review

The Small Succession Affidavit is a sworn legal document. It states facts about who the heirs are, what the deceased owned, and what each heir inherits. Getting any of those facts wrong can create title problems that are expensive to fix later. Have an attorney check the affidavit before anyone signs it.

When to Use a Full Succession Instead

Even where the Small Succession Affidavit is available, a full succession may be the better route in certain situations:

• When the heir anticipates selling real estate in the future (a Judgment of Possession provides cleaner title), especially urgent for sellers facing a stalled real-estate closing
• When there are multiple heirs who disagree about the distribution
• When the deceased’s domicile or heirship is unclear
• When a financial institution refuses to accept the affidavit (which sometimes happens)

Cost Comparison

Where real estate passes by affidavit, the affidavit is recorded in the conveyance records of each parish where that property sits. That is a filing, not a court proceeding. Each parish charges its own recording fee. Where the person died without a will, and an heir does not sign, the affidavit can take longer. That heir may first have to be given thirty days’ notice by United States mail. It also takes longer where the affidavit has to be recorded in more than one parish. The costs and timelines in this table are typical rather than promised. Results May Vary. For a deeper cost breakdown, see How Much Does a Louisiana Succession Cost?

Related Reading

• How to Open a Succession in Louisiana
• How Much Does a Louisiana Succession Cost?
• Louisiana Succession Documents Checklist
• Uncontested Louisiana Succession (service page)

Disclaimer. This article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship. Past Results are not a Guarantee of Future Success. For advice on your specific situation, consult a Louisiana attorney. Pelican Succession Law’s attorneys are licensed only in Louisiana. Attorney Advertising.