Louisiana Small Succession Affidavit ($125,000)

A Louisiana small succession affidavit lets heirs and a surviving spouse transfer a small estate without opening a court succession. You can use it when the Louisiana property is worth $125,000 gross or less, valued as of the date of death, or when the death happened at least 20 years ago at any value. The heirs sign a sworn affidavit before a notary, attach a certified death certificate, and record it in the parish conveyance records to clear title to real estate. The rule lives at La. C.C.P. art. 3421, and the affidavit mechanics sit at La. C.C.P. arts. 3431-3434.

This is the plain-language version. If you are still mapping the full picture, start with the Louisiana succession process guide. For the right parish district court and Clerk of Court, use the Louisiana parish succession directory.

Remember that Louisiana is the only civil-law state. You do not "probate" an estate here and you do not file a small estate affidavit with a probate court. You open a succession, and the small succession path replaces the court file with a notarized affidavit and a parish recording.

The $125,000 / 20-Year Test

A small succession is a defined category, not a judgment call. La. C.C.P. art. 3421 sets three doors, and an estate qualifies if it fits any one of them:

Door	What to confirm
Louisiana domiciliary	The decedent died domiciled in Louisiana with property worth $125,000 gross or less, valued as of the date of death
Out-of-state owner	A non-resident left Louisiana property worth $125,000 gross or less, valued as of the date of death
20-year rule	The death happened at least 20 years before the affidavit, at any property value

The dollar test keys to the date of death, not to the date you sign. Use date-of-death values when you add up the property. If the gross Louisiana estate fits under $125,000, or the 20-year door applies, the affidavit path is open.

The $125,000 Figure Is Current. Ignore the Old $75,000.

Here is the trap. Many older pages and out-of-state templates still print $75,000 as the small succession limit. That figure is out of date. Louisiana raised the threshold to $125,000 in Act 286 of 2009, and the current statute reads $125,000.

Do not rely on a form or article that shows $75,000. Open the statute and read the dollar amount yourself. La. C.C.P. art. 3421 is the source of truth. If a bank, title company, or transfer agent hands you a form with the old number, the current statute controls; if the holder disputes the amount, confirm with them or talk to a Louisiana attorney.

What "$125,000 Gross" Counts

The test looks at the gross value of the Louisiana property as of the date of death. 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, not $30,000 of equity.

A few practical points:

For a Louisiana domiciliary, you count the Louisiana property in the small succession. Out-of-state real estate is handled in that other state.
For a non-resident, you count only the Louisiana property, which is usually real estate or a mineral interest.
Property that already passes outside the succession, such as a payable-on-death account or a life insurance policy with a living named beneficiary, moves to that beneficiary on its own and does not transfer through the affidavit.

Build a full list of the decedent's Louisiana property first, then add up the date-of-death values. If the gross total is over $125,000 and the 20-year door does not apply, the affidavit does not fit, and you likely need a court succession. The Louisiana succession process guide walks through the full path and the judgment of possession.

Who Signs the Affidavit

The affidavit is not a one-person form. Under La. C.C.P. art. 3432, at least two people sign it 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. The people who sign swear the affidavit is true under penalty of perjury, so identify the heirs correctly before anyone signs. Getting the list of successors wrong can create liability. When the family tree is unclear, when a will splits property in a way relatives did not expect, or when forced heirship is in play, confirm who is entitled first. The Louisiana intestate succession guide explains heirs, usufruct, and forced heirship, and the Louisiana will requirements guide covers a notarial or olographic testament.

What the Affidavit Must State

La. C.C.P. art. 3432 lists what an intestate small succession affidavit must set forth. A testate affidavit follows a parallel rule at La. C.C.P. art. 3432.1 and attaches the probated testament. Plan to include:

The date of death, the decedent's domicile, and the last residence
Whether the decedent died intestate or testate, and the marital history
The surviving spouse and family information
The names and last known addresses of every heir or legatee
A description of the property, including a legal description of any real estate
The date-of-death value of each item of property
Each person's share or interest in the property
A sworn statement, under penalty of perjury, that the facts are true

Attach a certified death certificate. Heirs who do not sign the affidavit should receive notice at their last known address so they have a chance to object. These are sworn statements, so accuracy matters more than speed.

How It Transfers Property

A small succession affidavit does real legal work. Here is how it moves each kind of asset.

For bank accounts, stocks, and other personal property, a holder who pays or delivers to the people named in the affidavit gets a full release. 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. That protection is what makes a bank willing to release funds without a court order.

For real estate (Louisiana calls it immovable property), you record a multiple original or a certified copy of the affidavit, with its attachments, in the conveyance records of every parish where the property sits. That recording is what links the title chain from the decedent to the heirs. Record it promptly so the heirs get notice of tax sales or code actions on the property.

One title note for buyers and heirs. La. C.C.P. art. 3434 gives a person who was left out of the affidavit two years from the recording date to assert an interest in the real estate against a later good-faith purchaser. After that two-year window, that claim against the buyer prescribes.

How To Use It, Step by Step

List every Louisiana asset the decedent owned and set its date-of-death value.
Confirm the gross Louisiana total is $125,000 or less, or that the death was at least 20 years ago.
Identify the heirs or legatees and their shares, and confirm who must sign.
Order a certified death certificate from Louisiana Vital Records.
Prepare the affidavit with the statements art. 3432 requires, and gather the legal description of any real estate.
Sign before a notary, with the surviving spouse and at least one heir, or the heirs the statute names.
Give certified or signed copies to banks and transfer agents to collect personal property.
Record a multiple original or certified copy in the conveyance records of each parish where real estate sits.

A holder that pays in good faith on a valid affidavit is protected, which is the entire point of this path.

A Note on Louisiana Terms

The small succession affidavit is a notarial document, not a court filing. You do not open a court file, qualify a succession representative, or ask a judge for a judgment of possession. You sign a sworn affidavit before a notary and record it in the parish conveyance records for real estate. Louisiana has parishes, not counties, and a Clerk of Court keeps the parish conveyance records.

This is different from a full court succession, where heirs file a petition, swear a detailed descriptive list, and get a judgment of possession. The small succession affidavit replaces that whole sequence for a qualifying estate.

When the Affidavit Does Not Fit

Use a court succession, and likely an attorney, when:

the gross Louisiana estate is over $125,000 and the death was less than 20 years ago
the decedent owed more than the estate holds, or creditors are pressing
real estate must be sold to pay debts
the heirs disagree, or you cannot confirm who is entitled
a forced heir, the legitime, or a disinherison question is in play
a usufruct or naked-ownership dispute is brewing
a bank or title company refuses the affidavit and demands a judgment of possession

In those cases, compare the options in the Louisiana succession process guide and check the timing in the Louisiana succession timeline. For the role of an executor or administrator in a full administration, see the Louisiana succession representative duties guide. To weigh the affidavit against a full succession, see what a Louisiana succession costs, including the per-parish court costs you would otherwise pay.

Quick Checklist

The gross Louisiana property is $125,000 or less at the date of death, or the death was 20+ years ago.
You used date-of-death values, before subtracting debts.
The right people will sign: the surviving spouse plus an heir, or the heirs the statute names.
The heirs and their shares are identified, and non-signing heirs got notice.
A certified death certificate is attached.
The affidavit states the art. 3432 facts and is sworn before a notary.
The affidavit is recorded in the conveyance records of every parish where real estate sits.

A Louisiana small succession affidavit can spare a family from opening a court succession over a modest estate. It still carries a sworn duty to state the facts and the heirs correctly. Treat it as a real legal document, not just a form to download.

This guide is general information about Louisiana successions. It is not legal advice. Confirm anything that affects your situation with the parish Clerk of Court, a notary, or a licensed Louisiana attorney.

Sources

Title: La. C.C.P. art. 3421, Small successions defined ($125,000 gross at date of death; 20-year alternative). Publisher: Louisiana State Legislature. Publication Date: Current official code, accessed 2026-06-14. URL: https://www.legis.la.gov/legis/Law.aspx?d=111765
Title: La. C.C.P. art. 3432, Affidavit for small succession for a person who died intestate; contents. Publisher: Louisiana State Legislature. Publication Date: Current official code, accessed 2026-06-14. URL: https://www.legis.la.gov/legis/Law.aspx?d=111768
Title: La. C.C.P. art. 3434, Endorsed copy of affidavit; authority for delivery of property; recording; release and discharge; two-year prescription. Publisher: Louisiana State Legislature. Publication Date: Current official code, accessed 2026-06-14. URL: https://www.legis.la.gov/legis/Law.aspx?d=111770
Title: Louisiana Code of Civil Procedure, small succession affidavit articles (arts. 3421, 3431-3434). Publisher: Louisiana State Legislature. Publication Date: Current official code, accessed 2026-06-14. URL: https://www.legis.la.gov/legis/LawSearch.aspx
Title: Small Successions by Affidavit (Louisiana Legal Services and Pro Bono Desk Manual). Publisher: Loyola University New Orleans College of Law. Accessed 2026-06-14. URL: https://probonodeskmanual.loyno.edu/louisiana-successions/61-small-successions-affidavit

It is not legal advice.