Settle a small estate in Louisiana without probate

In Louisiana this is called: Small succession affidavit (affidavit for small succession); sending heirs into possession without administration (judgment of possession). In Louisiana, an estate is called a 'succession'. If the person left property worth $200,000 or less, the surviving spouse and heirs can sign a sworn small succession affidavit and give it to banks and others holding the property, without opening a court case.

Up to $200,000 (deaths on or after August 1, 2026), no court filing.

Is the estate small enough?How do I do it?Car, bank, house Free help

Checked against official sources: October 30, 2026.

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Free tools

Small estate checker

Add up the estate and compare it with the Louisiana limit for the date of death.

Letter to a bank

Present your signed affidavit to a bank or other holder in Louisiana.

Balance request letter

Ask a bank or holder for the balance on the date of death.

What-to-gather checklist

Papers, steps, forms and fees for Louisiana, by procedure.

Car, bank, house in Louisiana

Car or other vehicle

Bank accounts

A bank may pay a payable-on-death ('in trust for', 'payable on death to') account to the named beneficiaries once it receives a death certificate.

Affidavit for small succession (Code of Civil Procedure Articles 3421-3434)

A sworn statement signed by the surviving spouse and heirs (or legatees under a will) that lists the person's property and who inherits it. Banks, companies and other holders must release the property described in it, and if it covers real estate it is recorded in the parish conveyance records.

Limit

Up to $200,000 (deaths on or after August 1, 2026) Counted at full value, without subtracting debts.

Date of death	Limit
On or after August 1, 2026	$200,000
On or before July 31, 2026	$125,000

For a person who lived in Louisiana, the property can have a gross value of up to $200,000 as of the date of death. This limit is in the law since August 1, 2026. Before that, the limit was $125,000. For a person who lived in another state, Louisiana property can be worth up to $125,000. If the person died at least 20 years before the affidavit is signed, there is no dollar limit.

What counts

The gross value of the property the person left, valued as of the date of death. Debts are not subtracted. If the person lived outside Louisiana, only property in Louisiana is counted and the limit is $125,000. There is no dollar limit if the person died at least 20 years before the affidavit is signed.

Waiting period

The law sets no waiting period after the death. An heir or legatee who does not sign must either be someone who cannot be found after a reasonable search, or must have been given 30 days' notice by U.S. mail of the plan to sign the affidavit and not objected.

Who can use it

No will: at least two people must sign, including the surviving spouse, if any, and one or more heirs. If there is no surviving spouse, at least two heirs sign; if there is only one heir, a second person who personally knows the facts also signs. Will, person lived in Louisiana: all heirs and legatees, including the surviving spouse, sign, and only if the person left no real estate (immovable property) in Louisiana and everyone agrees to waive probate of the will. Will, person lived in another state and the will was probated there: at least two people, including the surviving spouse, if any, and one or more legatees. A natural tutor may sign for a minor child and a curator for an interdict without a court order.

Court or where to file

Not filed with a court. You give an original (or certified copy) to each bank, company or person holding the property. If the affidavit covers real estate, it must be recorded in the conveyance records of the parish where the real estate is.

Notary

The affidavit must be sworn before a notary or another officer authorized to give oaths where it is signed. You can sign several 'multiple originals', one for each holder.

Papers to attach

A list of the person's property, with the value of each item and the total value as of the date of death, and whether each item is community or separate property
For real estate, a description good enough to identify it for transfer
If there is a will: a copy of the will
If the person lived in another state and left a will: a certified copy of the other state's probate order
Certified copy of the death certificate (holders and the parish recorder usually ask for one)

Steps

Make a list of everything the person owned, its value on the date of death, and whether it was community or separate property.
Identify the surviving spouse and all heirs (or legatees under a will) and their addresses.
Mail 30 days' notice to any heir or legatee who will not sign, unless that person cannot be found after a reasonable search.
Fill in the affidavit with every statement the law requires and sign it under oath before a notary.
Give an original or certified copy to each bank, company or person holding the property.
If real estate is included, record the affidavit in the conveyance records of the parish where it is.

Fee

There is no court filing fee because the affidavit is not filed with a court. Recording in the parish conveyance records costs the fee set by the clerk of court of that parish; ask the clerk. A notary may charge a fee.

Debts and responsibility

By signing, an heir accepts the succession. Heirs who receive property are responsible for the person's debts (including funeral and burial costs) in proportion to their share, but only up to the value of what they received. The affidavit is signed under penalty of perjury. Someone who claims to be an heir but was left out of a recorded affidavit has two years from the recording to claim the real estate against a person who later bought it.

What the bank or holder must do

An original or certified copy of the affidavit is full authority for any bank, financial institution, trust company, corporation or other person holding the property to pay the money or deliver the property to the heirs, legatees and surviving spouse in the percentages listed. The receipt of the people named is a full release, and no creditor, heir, legatee or succession representative can sue the holder for paying under the affidavit. The law does not set a deadline or a penalty for a holder that refuses.

Law: La. Code Civ. Proc. arts. 3421, 3431, 3432, 3432.1, 3433, 3434

Source: Official page

Sending heirs or legatees into possession without administration (judgment of possession)

A short court case where the heirs (or legatees under a will) file a sworn petition, and the judge signs a judgment of possession recognizing them as owners, without appointing an administrator. There is no dollar limit, but the succession must be relatively free of debt.

Waiting period: The law sets no waiting period. The judge signs the judgment right away if the petition and record show the petitioners are entitled to it.
Who can use it: No will: all the heirs, if all are competent and accept the succession, and the succession is relatively free of debt (its only debts are administration costs, mortgages that are not behind, and small debts). The court may also allow the competent heirs, a legal representative of heirs who are not competent, or the surviving spouse in community to petition if no creditor has asked for an administration. With a will: after the will is probated, all the general and universal legatees, if no creditor has asked for an administration; the executor named in the will must join. The surviving spouse in community can be recognized as owner of their half of the community property.
Court or where to file: The district court of the parish where the person lived at death. If the person lived in another state, the district court of a parish where their Louisiana real estate is, or where their movable property is if they owned no real estate in Louisiana.
Notary: The petition must be verified by the sworn affidavit of at least one petitioner.
Papers to attach: Petition for possession with the facts the law requires (date of death, facts showing who the heirs are, that the succession is relatively free of debt), verified by the sworn affidavit of at least one petitioner
Proof of the death, the court's jurisdiction, the marriage and the family relationships, as Code of Civil Procedure Articles 2821-2823 require (Art. 3003)
For a will: the will and the court's order probating it; the executor named in the will joins the petition
Proposed judgment of possession
Steps: Identify the heirs or legatees and confirm all of them will join the petition.
Prepare a sworn petition for possession with the required facts.
File it with the district court clerk in the right parish and pay the court costs.
The judge reviews the petition and signs the judgment of possession if it is in order.
Give certified copies of the judgment to banks and others, and record it in the parish conveyance records for real estate.
Fee: Court costs are set by each parish clerk of court; ask the clerk. If the succession is a small succession ($200,000 or less), court costs are one-half of the costs in other successions.
Debts and responsibility: Heirs and legatees who receive property are responsible for the person's debts in proportion to their share, but only up to the value of what they received.

Law: La. Code Civ. Proc. arts. 2811, 3001-3005, 3031-3033, 3061, 3422

Source: Official page

Payment of deposits to a surviving spouse without court proceedings

A bank may pay up to $20,000 of the person's deposits, and a credit union up to $10,000, to the surviving spouse on the spouse's affidavit, without any court order or small succession affidavit.

Limit

Up to $20,000

A federally insured bank may pay the surviving spouse up to $20,000 in total from all depositories. A credit union may pay up to $10,000; if there is no surviving spouse, a credit union may pay up to $10,000 to the person's adult children. The bank or credit union may choose to pay; the law allows it but does not require it.

What counts

The total withdrawn by the surviving spouse from all depositories, from deposits in the person's name, the spouse's name, or both.

Waiting period

The law sets no waiting period.

Who can use it

The surviving spouse. For credit union shares only, if there is no surviving spouse, the person's major (adult) children.

Court or where to file

Given to the bank or credit union.

Notary

The spouse gives the bank an affidavit that the total withdrawn from all depositories does not exceed the limit.

Papers to attach

Affidavit that the total withdrawn from all depositories does not exceed $20,000 (bank) or $10,000 (credit union)
Certified copy of the death certificate (banks usually ask for one)

Steps

Ask the bank or credit union whether it will pay under this law.
Sign the affidavit about the total withdrawn from all depositories.
Give it to the bank or credit union and sign a receipt.

Fee

Not filed with a court.

What the bank or holder must do

The spouse's receipt is a full release of the bank or credit union for the amount paid, and no creditor, heir or tax collector can sue it for the payment. Joint 'alternative' accounts and payable-on-death accounts follow their own rules.

Law: La. R.S. 9:1513, 9:1514

Source: Official page

Payment of last wages to surviving spouse or children

An employer, including the state, may pay the person's last wages, sick leave, annual leave and other benefits to the surviving spouse, or to an adult child if there is no spouse, without a court order.

Waiting period: The law sets no waiting period.
Who can use it: The surviving spouse, if neither spouse had filed for divorce. Otherwise, or if there is no spouse, any major (adult) child of the person.
Court or where to file: Given to the employer.
Notary: The statement is signed before two witnesses.
Papers to attach: A signed statement before two witnesses with the person's name, address, date and place of death, your relationship, and the names and addresses of the spouse or children
Steps: Ask the employer for its form.
Sign the statement before two witnesses.
Give it to the employer.
Fee: Not filed with a court.
What the bank or holder must do: The signed statement and the receipt are a full release of the employer for the amount paid. The employer may pay; the law does not require it.

Law: La. R.S. 9:1515

Source: Official page

What counts toward the limit in Louisiana

Add up the gross value, on the date of death, of the property the person left. Do not subtract debts or mortgages. The affidavit must list each item, its value, the total, and whether each item is community or separate property. The small succession law does not list what to leave out.

Law: La. Code Civ. Proc. arts. 3421, 3432, 3432.1, 3433

In this state the total is counted at full value, without subtracting debts.

Kind of property	How it is treated	Details
Bank accounts in the person's name alone	Counts	Bank accounts in the person's name alone are property the person left and are listed and counted. Law: La. C.C.P. arts. 3421, 3432(A)(5)-(6)
Joint or payable-on-death (POD) bank accounts	Not clear	A bank may pay a payable-on-death account to the named beneficiary on a death certificate, and may pay a joint 'alternative' account to the surviving co-owner. The small succession law does not say whether these accounts count toward the limit; ask the clerk of court or a lawyer. Law: La. R.S. 6:312, 6:314
Cars and other vehicles	Counts	A vehicle in the person's name is property they left. The Office of Motor Vehicles accepts a small succession affidavit that describes the vehicle; it also has its own Affidavit of Heirship. Law: La. C.C.P. art. 3421
Boats and mobile or manufactured homes	Counts	Boats and mobile homes owned by the person are property they left and are listed with their value. Law: La. C.C.P. arts. 3421, 3432(A)(5)-(6)
Real estate in Louisiana	Counts	Louisiana real estate counts at its gross value. With no will, real estate can pass by the affidavit. With a will, a Louisiana resident's affidavit can be used only if there is no Louisiana real estate. Law: La. C.C.P. arts. 3421, 3431, 3432.1(A)(5)
Main home (primary residence)	Counts	The person's home in Louisiana counts like other real estate, at its gross value, with no mortgage subtracted. Law: La. C.C.P. art. 3421
Real estate in another state	Not clear	For a Louisiana resident, the law says 'property' without limiting it to Louisiana. Ask the clerk of court or a lawyer how to treat real estate in another state. Law: La. C.C.P. art. 3421(1)
Unpaid wages owed to the person	Not clear	An employer may pay last wages and leave pay directly to the surviving spouse or an adult child. The small succession law does not say whether these count toward the limit. Law: La. R.S. 9:1515
Military pay owed to the person	Not clear	The small succession law does not mention military pay owed to the person. Law: La. C.C.P. art. 3421
Life insurance or retirement money paid to a named person	Not clear	A named beneficiary of life insurance or an annuity is entitled to the proceeds against the person's heirs and creditors, but the small succession law does not say how these are treated in the total. Law: La. R.S. 22:912
Life insurance or retirement money paid to the estate	Counts	Insurance or benefits payable to the person's estate are property of the succession and count. Law: La. C.C.P. art. 3421; La. R.S. 22:912(A)(1)
Property in a living trust	Not clear	The small succession law does not mention property held in a trust. Law: La. C.C.P. art. 3421
Property owned jointly with right of survivorship	Not clear	Louisiana law does not use joint tenancy with right of survivorship for most property. Property the person co-owned is listed for the person's share; the law does not say more. Law: La. C.C.P. art. 3432(A)(5)-(6)
Property going to a surviving spouse	Not clear	The affidavit must show whether each item is community or separate property and whether the spouse has a usufruct, but the law does not say whether the surviving spouse's own half of community property is counted in the total. Ask the clerk of court or a lawyer. Law: La. C.C.P. art. 3432(A)(5), (7)
Stocks, bonds and brokerage accounts	Counts	Stocks and brokerage accounts in the person's name count. If a security was registered with a transfer-on-death beneficiary, the broker may re-register it in the beneficiary's name, but Louisiana law says that re-registration has no effect on who owns it, so it is still listed as property the person left. Law: La. C.C.P. art. 3421; La. R.S. 9:1711.5
Furniture, jewelry and other belongings	Counts	Furniture, jewelry and other belongings count at their value on the date of death. Law: La. C.C.P. arts. 3421, 3432(A)(6)

Source: Official page

Car or vehicle title after a death in Louisiana

To transfer a vehicle from a person who died, the OMV accepts one of three documents: a certified copy of a judgment of possession that shows who gets the vehicle; a small succession affidavit with the list of property that describes the vehicle; or, if neither is possible, the OMV Affidavit of Heirship signed under oath by the surviving spouse and heirs, with a copy of the death certificate (and a copy of the will or a notarized statement of its vehicle provisions if there is a will). You may also need the title (assigned and notarized for titles issued on or after January 1, 1990), the Vehicle Application (DPSMV 1799), a notarized bill of sale or act of donation if the vehicle goes to someone else, an odometer statement, a lien release letter if there was a lien, and photo ID.

Agency: Louisiana Office of Motor Vehicles (OMV), Department of Public Safety and Corrections
Form: OMV Affidavit of Heirship
Fee: The OMV title fee is $68.50, plus an $8.00 handling fee. Recording a new lien costs $15.00 (UCC) or $10.00 (other). Sales tax is due if the vehicle is sold.

Source: Official page

Bank accounts after a death in Louisiana

A bank may pay a payable-on-death ('in trust for', 'payable on death to') account to the named beneficiaries once it receives a death certificate. A joint 'alternative' account payable to any one of the owners may be paid to a surviving owner. These rules protect the bank when it pays; the payable-on-death law says it does not cut off forced heirship or the claims of a spouse, heir, legatee or creditor to the money. For an account in the person's name alone, the heirs can use the small succession affidavit if the succession is $200,000 or less, or a judgment of possession. Without either, a bank may pay up to $20,000 (a credit union up to $10,000) to the surviving spouse on the spouse's affidavit.

Law: R.S. 6:314(F); La. R.S. 6:312, 6:314, 9:1513, 9:1514; La. C.C.P. art. 3434

Source: Official page

Transfer-on-death (TOD) and payable-on-death (POD) in Louisiana

Real estate (TOD deed)

Louisiana law does not provide a transfer-on-death deed for real estate. Real estate passes through a small succession affidavit (if there is no will) or a judgment of possession.

Law: La. C.C.P. arts. 3431, 3434, 3061

Bank account (POD)

Yes

Law: La. R.S. 6:314

Securities (TOD)

Yes

Law: La. R.S. 9:1711-1711.9 (Act 167 of 2021, effective January 1, 2022, for registrations made on or after that date)

Source: Official page

Surviving spouse in Louisiana

In Louisiana, the surviving spouse already owns half of the community property. A bank may pay the surviving spouse up to $20,000 of deposits (a credit union up to $10,000) on the spouse's affidavit, and an employer may pay the last wages and leave pay to the spouse, without a court order. If there are children, the surviving spouse has a usufruct (the right to use) over the person's share of community property not left by will, until the spouse dies or remarries. The spouse signs the small succession affidavit if one is used.

Law: R.S. 9:1513-9:1515; Civil Code Art. 890

Debts of the person in Louisiana

Heirs and legatees who receive property are responsible for the person's debts, including funeral and burial costs, in proportion to their share, but only up to the value of the property they received. A creditor cannot sue an heir who received nothing.

Law: Civil Code Arts. 1415, 1416

Medicaid estate recovery in Louisiana

LDH recovers Medicaid payments from the succession (estate) of a person who received Medicaid, only in the cases federal law requires. Under the state plan, 'estate' means the gross succession as determined under Louisiana succession law; LDH does not place liens. Its claim is a privilege on the succession with the same priority as last-illness expenses. LDH does not seek recovery on the first $15,000 or one-half the median homestead value in the parish, whichever is higher, or when recovery is not cost-effective. It does not recover in cases of undue hardship, which exists if an heir's family income is 300% or less of the federal poverty guideline. LDH mails a written notice of estate recovery; a hardship waiver application or an appeal must be sent within 30 days of the notice's mail date.

Law: La. R.S. 46:153.4

Agency: Louisiana Department of Health (LDH), Medicaid Estate Recovery
Official page: Official page

Who inherits with no will in Louisiana

If there is no will, the person's children and other descendants inherit first, in equal shares. If there are descendants, the surviving spouse keeps their own half of the community property and has a usufruct (right to use) over the person's half until death or remarriage; if there are no descendants, the spouse inherits the person's half of the community property. Separate property goes to descendants first; if none, to brothers and sisters (subject to a usufruct for surviving parents), or to the parents if there are no brothers or sisters or their descendants. The spouse inherits separate property only if there are no descendants, parents, or brothers and sisters or their descendants.

Law: La. Civil Code arts. 888-894

Source: Official page

Death certificates in Louisiana

Death records are confidential for 50 years and are kept by the Center of Vital Records and Statistics, P.O. Box 60630, New Orleans, LA 70160, (504) 593-5100. A copy of valid photo ID is required. The CDC directory lists the fee as $7.00 per copy plus a $0.50 state charge per mail order; check the current fee with the office.

Where to get it: Louisiana Department of Health, Center of Vital Records and Statistics
Official page: Official page

Where to file in Louisiana

The small succession affidavit is not filed with a court. You give an original or certified copy to each bank or holder, and if it includes real estate you record it in the conveyance records of the clerk of court in the parish where the real estate is. A petition for possession without administration is filed in the district court of the parish where the person lived at death (or, for a nonresident, a parish where the property is).

Good to know in Louisiana

Louisiana raised the small succession limit for people who lived in the state from $125,000 to $200,000, effective August 1, 2026.
If the person died at least 20 years before the affidavit is signed, a small succession affidavit can be used whatever the property is worth.
By signing a small succession affidavit, an heir accepts the succession, and a legatee under a will also gives up any right to challenge the will.

Changes in 2024–2026

Act 90 of 2024, effective August 1, 2024: reorganized the small succession articles; separate affidavits for no-will successions (Art. 3432), Louisiana residents with a will and no Louisiana real estate, and nonresidents with a will probated elsewhere (new Art. 3433); removed the $5 minimum court cost. Act 293 of 2026, effective August 1, 2026: raised the limit for Louisiana residents from $125,000 to $200,000 (Art. 3421(1)); the $125,000 limit for nonresidents did not change.

Law: SB 32; Art. 3432.1; HB 215

National rules that apply in every state

Federal estate tax

For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
Most estates owe no federal estate tax and do not need to file a federal estate tax return.

Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)

The final income tax return

Report all income up to the date of death and claim all eligible credits and deductions.
Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).

Law: Form 1310 instructions (Rev. December 2025)

Social Security retirement benefits are paid through the month before the month the person died.
If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.

Law: 42 U.S.C. 402(a), 402(i)

Savings bonds

If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.

Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)

Debts are generally paid from the money and property the person left (the estate).
If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.

Law: 12 CFR 1006.6(a)(4)

For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/

Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31

FDIC insurance on bank accounts

After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.

Law: 12 CFR 330.3(j)

Medicaid estate recovery

States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
The 'estate' includes at least the property in the person's probate estate under state law.
Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html

Law: 42 U.S.C. 1396p(b)

Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.

Free help in Louisiana

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.

More help on our sister sites

Questions about small estates in Louisiana

What is a small estate affidavit called in Louisiana?

What is the small estate limit in Louisiana?

Up to $200,000 (deaths on or after August 1, 2026), no court filing.

How long do I wait in Louisiana?

Do I have to go to court in Louisiana?

How do I transfer a car after a death in Louisiana?

What happens to a bank account after a death in Louisiana?

Who inherits in Louisiana if there is no will?

Do I owe the person's debts in Louisiana?

Sources

Settle a small estate in Louisiana without probate

Free tools

Small estate checker

Letter to a bank

Balance request letter

What-to-gather checklist

Car, bank, house in Louisiana

Car or other vehicle

Bank accounts

Related pages

Affidavit for small succession (Code of Civil Procedure Articles 3421-3434)

Sending heirs or legatees into possession without administration (judgment of possession)

Payment of deposits to a surviving spouse without court proceedings

Payment of last wages to surviving spouse or children

What counts toward the limit in Louisiana

Car or vehicle title after a death in Louisiana

Bank accounts after a death in Louisiana

Transfer-on-death (TOD) and payable-on-death (POD) in Louisiana

Surviving spouse in Louisiana

Debts of the person in Louisiana

Medicaid estate recovery in Louisiana

Who inherits with no will in Louisiana

Death certificates in Louisiana

Where to file in Louisiana

Good to know in Louisiana

Changes in 2024–2026

National rules that apply in every state

Federal estate tax

The final income tax return

Social Security

Savings bonds

Debts

A house with a mortgage

FDIC insurance on bank accounts

Medicaid estate recovery

Death certificates

Free help in Louisiana

More help on our sister sites

Questions about small estates in Louisiana