Louisiana Succession Types: Small Succession, Judgment of Possession, and Administration
Louisiana is a civil-law state, so settling an estate is called a succession, not probate. The path usually turns on one question: does the family qualify for a small succession affidavit, a simple succession ending in a judgment of possession, or a full succession with administration?
Compare eligibility, timing, court involvement, and local verification points
How to Compare Louisiana Probate Types
Louisiana does not use common-law probate. Settling a decedent's estate is a "succession," and the goal of an uncontested succession is usually a judgment of possession, a court order that recognizes the heirs or legatees and places them in possession of the property. Civil-law concepts such as forced heirship, usufruct, and community versus separate property can change who inherits and how the property is divided.
The simplest path is a small succession. When the estate has a gross value of $125,000 or less, or when the death occurred at least 20 years before the affidavit, the heirs may use a small succession affidavit (La. C.C.P. arts. 3421 and 3431-3434) instead of opening a court succession. The affidavit is not filed to open a court case; it is sworn before a notary and recorded with the parish clerk of court.
Larger or uncontested estates typically use a simple (independent) succession that ends in a judgment of possession without ongoing court administration. When there are debts to manage, disputes, an absent or incapable heir, or a need for someone with authority to act, the succession may need administration, with an administrator (no will) or executor (with a will) appointed by the court.
Whether the decedent died testate (with a will, including a notarial or olographic will) or intestate (no will) also shapes the path. Use the table below to narrow the question, then confirm the current cost, deposit, and form requirements with the parish clerk of court where the succession will be opened. This page is planning information, not legal advice.
Simplified Path vs Formal Path at a Glance
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| Category | Simplified Path | Formal Path | Winner |
|---|---|---|---|
| Estate size | Small succession fits gross value of $125,000 or less, or any value after 20 years | Court succession (possession or administration) has no dollar cap | Simplified Path |
| Court involvement | Small succession affidavit is notarized and recorded, not court-opened | Succession with administration uses court oversight and appointed authority | Simplified Path |
| Court filing fee | No court filing fee; notary, copies, and parish recording fees only | Parish court-cost deposit (commonly about $250-$600) plus recording fees | Simplified Path |
| Real (immovable) property | Small succession affidavit can transfer immovables when recorded in the right parish | Judgment of possession or administration also handles immovable property | Tie |
| Debts and disputes | Simplified paths are poor fits for contested estates or significant debts | Administration is built for creditors, disputes, and authority to act | Formal Path |
Main Louisiana Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney | Best For |
|---|---|---|---|---|---|---|
Small Succession by Affidavit La. C.C.P. arts. 3421, 3431-3434 | Gross value of $125,000 or less, OR any value if the death occurred 20+ years ago | No court filing fee; notary, certified copies, and parish recording fees only | Often a few weeks, once heirs and a notary complete the affidavit | Yes, when recorded in the parish where the immovable property is located | No (often useful) | Smaller estates, or any estate when the death was 20 or more years ago |
Simple Succession (Judgment of Possession) La. C.C.P. arts. 3001 and 3031 | No dollar cap; used for uncontested estates that do not need ongoing administration | Parish court-cost deposit (commonly about $250-$600) plus recording fees | Often 1-3 months when uncontested and paperwork is complete | Yes | Recommended | Uncontested estates where heirs accept and no administrator is needed |
Succession With Administration La. C.C.P. arts. 3081-3098 and 3151 et seq. | No dollar cap; used when an administrator or executor must act | Parish court-cost deposit plus later filing and recording fees | Several months or longer, depending on debts, notice, and disputes | Yes | Recommended | Estates with debts, disputes, an absent or incapable heir, or a need for authority to act |
Testate Succession (With a Will) La. C.C.P. arts. 2851-2890; La. Civ. Code art. 1570 et seq. | No dollar cap; will must be probated before heirs are placed in possession | Parish court-cost deposit plus recording fees | Varies; olographic wills generally need court proof of the handwriting | Yes | Recommended | Estates where the decedent left a valid notarial or olographic will |
Small Succession by Affidavit
La. C.C.P. arts. 3421, 3431-3434
Smaller estates, or any estate when the death was 20 or more years ago
Threshold: Gross value of $125,000 or less, OR any value if the death occurred 20+ years ago
Filing Fee: No court filing fee; notary, certified copies, and parish recording fees only
Timeline: Often a few weeks, once heirs and a notary complete the affidavit
Real Estate: Yes, when recorded in the parish where the immovable property is located
Attorney: No (often useful)
Simple Succession (Judgment of Possession)
La. C.C.P. arts. 3001 and 3031
Uncontested estates where heirs accept and no administrator is needed
Threshold: No dollar cap; used for uncontested estates that do not need ongoing administration
Filing Fee: Parish court-cost deposit (commonly about $250-$600) plus recording fees
Timeline: Often 1-3 months when uncontested and paperwork is complete
Real Estate: Yes
Attorney: Recommended
Succession With Administration
La. C.C.P. arts. 3081-3098 and 3151 et seq.
Estates with debts, disputes, an absent or incapable heir, or a need for authority to act
Threshold: No dollar cap; used when an administrator or executor must act
Filing Fee: Parish court-cost deposit plus later filing and recording fees
Timeline: Several months or longer, depending on debts, notice, and disputes
Real Estate: Yes
Attorney: Recommended
Testate Succession (With a Will)
La. C.C.P. arts. 2851-2890; La. Civ. Code art. 1570 et seq.
Estates where the decedent left a valid notarial or olographic will
Threshold: No dollar cap; will must be probated before heirs are placed in possession
Filing Fee: Parish court-cost deposit plus recording fees
Timeline: Varies; olographic wills generally need court proof of the handwriting
Real Estate: Yes
Attorney: Recommended
* Louisiana succession court costs are set by each parish clerk of court and do not scale with estate value. Opening deposits commonly run about $250-$600, plus recording fees. Confirm the current deposit with the parish clerk before filing.
Unfamiliar terms in the comparison? The Louisiana succession glossary defines them in plain language.
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