TL;DR
DIY a Louisiana succession only if all of these are true: there is no testament or a clean notarial testament, all heirs are competent adults who agree, no forced heirs, no minor heirs, no mineral interests, no real estate that needs selling soon, and total estate value under $125,000 (qualifying for the small succession affidavit). Outside those conditions, the math is overwhelmingly in favor of hiring counsel: typical attorney fees of $2,500-$6,500 are dwarfed by the cost of a botched succession that has to be reopened.
The honest answer no one wants to give
We are a law firm. We obviously have a bias. But we also see the back end of DIY successions when they go wrong, and we will tell you exactly when DIY actually works and when it does not. This is the framework we use ourselves when a prospective client calls and we think they might not need us.
The four paths to a Louisiana succession
| Path | Cost | Best for |
|---|---|---|
| Pure DIY (small succession affidavit) | $50-$200 in fees + sweat equity | Estates under $125k, simple intestate, all heirs agree |
| Unbundled / document-prep attorney | $500-$1,500 | Slightly more complex but uncontested |
| Flat-fee full representation | $2,500-$6,500 | Typical uncontested matters |
| Hourly representation | $10,000+ | Contested matters or complex estates |
When DIY actually works
The Louisiana legislature created the small succession affidavit procedure (La. R.S. 9:1421 et seq.) specifically so families could handle simple cases without an attorney. Read our small succession primer for the qualifying tests. The procedure works well if you have:
- An estate worth under $125,000 (the current statutory cap)
- Intestate decedent or a clean notarial testament
- All heirs are competent adults
- All heirs agree on the distribution
- No forced heirs (or all heirs are descendants)
- Limited or no immovable property
- No outstanding creditor disputes
In that scenario, the affidavit costs $50-$200 in clerk fees and notarial fees and resolves the title issue for banks and the OMV. We have happily directed dozens of qualifying families to handle their own affidavits.
When DIY backfires
The cases we see fall into predictable categories:
1. The forgotten forced heir
DIY petitioner does not realize that a 22-year-old child from the decedent’s first marriage is a forced heir. Petitioner files a judgment of possession that ignores the forced heir’s legitime. Five years later the forced heir files a reduction action under La. C.C. art. 1503. The succession has to be reopened, the petitioner’s share reduced, attorney’s fees paid, and the family relationship destroyed.
2. The unrecorded prior succession
Decedent’s mother died 15 years ago. Mother owned a home. Mother left it to decedent and decedent’s brother. Decedent and brother kept paying property taxes and lived in the home but never opened mother’s succession. Now decedent has died, and the title is broken because mother’s succession was never recorded. The DIY petitioner cannot get the home into the new succession without first cleaning up mother’s succession. Two successions to open. Many DIY petitioners do not recognize the problem until a title company rejects the closing.
3. The mineral interest assumed to be small
DIY petitioner sees a $400/quarter mineral check and lists the interest at $1,600 on the affidavit. The operator’s title department wants a recorded judgment of possession to transfer ownership; the operator does not accept affidavits for interests above a certain decimal. The DIY petitioner has to re-do the succession through full proceedings, and the operator pays no royalties for 6 to 12 months in the meantime.
4. The defective olographic testament
Decedent left an olographic testament with an incomplete date. DIY petitioner tries to admit it to probate. Court rejects it. Now the succession proceeds intestate, distributing differently from what the decedent intended, and creating disputes among heirs who expected the will to govern.
5. The community-property miscalculation
Decedent was married. DIY surviving spouse petitioner does not separate community from separate property and either over-claims (annoying the children) or under-claims (giving up rightful one-half ownership). Either way the result is litigated or reopened.
Free 20-minute consult: we will tell you honestly whether you need us
If your case qualifies for DIY, we will say so and point you to the right resources. If it does not, we will quote a flat fee.
The hidden costs of DIY successions
Even when DIY succeeds, the visible cost ($50-$200) understates the total burden.
- Time: 20-50 hours over 3-6 months gathering documents, drafting affidavits, sitting at the clerk’s office
- Stress: Especially for grieving family members who would rather process the loss than learn civil-law jargon
- Bank delays: Banks, brokerages, and insurance companies reject affidavits for technical reasons routinely
- Title-clarity gaps: Real estate buyers’ attorneys often demand additional documentation that ad-hoc DIY paperwork does not provide
- Tax-basis documentation: Future capital-gains calculations rely on date-of-death valuations established in the succession; weak documentation costs heirs in taxes years later
The actual question to ask yourself
Forget cost as the central variable. Ask instead: what is the size and complexity of the asset pool, and what is the cost of a wrong answer? A $50,000 estate of bank accounts and a car has very different stakes than a $300,000 home plus mineral interests across three parishes.
Quick decision framework
| Estate characteristic | DIY safe | Hire counsel |
|---|---|---|
| Total value | Under $125k | Over $125k |
| Real estate | None | Any |
| Mineral interests | None | Any |
| Out-of-state heirs | None or all cooperative | Any non-cooperative |
| Minor heirs | None | Any |
| Forced heirs | None | Any |
| Blended-family complications | None | Any |
| Testament type | Clean notarial or no testament | Olographic or contested |
| Creditor disputes | None | Any |
| Need to sell property in 6 months | No | Yes |
If you check any item in the right column, the math almost always favors hiring counsel. The marginal cost of attorney representation ($2,500-$6,500 for typical uncontested) is dwarfed by the marginal risk of getting it wrong.
The middle path: limited-scope representation
Not all engagements have to be full representation. We sometimes offer unbundled services for clients who want to do part of the work themselves:
- Document review: $300-$500 to review a draft small-succession affidavit
- Petition drafting only: $1,000-$1,500 to draft petitions for client to file pro se
- Limited-scope advice: $250/hour for hourly consultation on specific questions
This is a reasonable middle path when the case is borderline and the client is highly organized.
What we charge and why
Our typical flat-fee uncontested successions run $2,500-$6,500 depending on complexity. We disclose fees up front and use written engagement agreements. Read our cost article for the breakdown. We use flat fees whenever possible because hourly billing rewards inefficiency and we would rather you know the cost in advance.
The DIY-resource shortlist (for genuinely qualifying cases)
If your case truly qualifies for DIY, here are the resources we recommend:
- Louisiana Civil Code Articles 871 to 1429 (descent and distribution; testate succession)
- Louisiana Revised Statutes Title 9, Chapter 1, Section 1421 to 1426 (small succession affidavits)
- Your parish clerk of court’s filing-fee schedule
- Louisiana State Bar Association consumer pamphlets
- Louisiana Legal Services Corporation (for income-qualifying)
One last note: the cost of family conflict
Many DIY cases work fine technically but generate enduring family tension. Heirs feel that decisions were made unilaterally. A neutral third party (the attorney) often does as much to preserve family relationships as to handle legal mechanics. That value rarely appears on a fee schedule.
Related Reading
- Louisiana Small Succession Affidavit
- How Much Does Louisiana Succession Cost?
- Louisiana Succession Documents Checklist
- Uncontested Louisiana Succession Services
About the Author
Ronald C. Cantin is the principal attorney at Pelican Succession Law (3001 17th Street, Suite 102, Metairie, LA 70002 · (504) 389-6100 · info@pelicanfirm.com) and a member of the Louisiana State Bar Association (#39827). His practice concentrates on Louisiana successions, forced heirship, mineral-rights succession, and ancillary representation for out-of-state heirs across all 64 parishes.
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 do not guarantee future outcomes. For advice on your specific situation, consult a Louisiana attorney. Pelican Succession Law’s attorneys are licensed only in Louisiana. Attorney Advertising. Pelican Succession Law, 3001 17th Street, Suite 102, Metairie, LA 70002.