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

By Settled Estate EditorialPublished: January 15, 2026Updated: May 31, 2026

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.

Do you qualify?

Qualifying threshold: $125,000 gross value, or any value if the death occurred 20+ years agoThe $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. Gross means before you subtract debts and mortgages, so a house worth $120,000 with a $90,000 mortgage still counts as $120,000 of property. There is no separate per-asset cap. Many older pages and out-of-state templates still print $75,000; that figure is out of date. Louisiana raised the threshold to $125,000 in Act 286 of 2009, and 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.
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: Not typically neededNo statewide requirement; a notary or attorney is often used to prepare and record the affidavit
Real estate: AllowedUnlike 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. Under La. C.C.P. art. 3434, a person who was left out of the affidavit has two years from the recording date to assert an interest in the real estate against a later good-faith purchaser.

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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: Can be included
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: Can be included
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: Can be included
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. Under La. C.C.P. art. 3434, the receipt of the named heirs, legatees, or surviving spouse is a complete release and discharge for the holder, and no creditor or other successor has a claim against a holder who paid in good faith on the affidavit.

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.

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?

Under La. C.C.P. art. 3432, at least two people sign before a notary: the surviving spouse, if there is one, plus one or more heirs of the decedent. When there is no surviving spouse, at least two competent adult heirs sign. When there is no surviving spouse and only one heir, that heir signs and a second person who has actual knowledge of the facts also signs. A natural tutor can sign for a minor child.

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.

Official Forms, Sources, and VerificationOfficial references used for this page

Code of Civil Procedure Art. 3421, Small successions definedLouisiana State Legislature. Current official code text, accessed June 16, 2026.
Code of Civil Procedure Arts. 3431-3434, Small succession affidavitLouisiana State Legislature. Search "Code of Civil Procedure 3431" at the official legislature site; accessed June 16, 2026.

Information current as of May 31, 2026

Settled Estate is not a law firm, and 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.