What to gather for a small estate in Louisiana

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

1. Make a list of everything the person owned, its value on the date of death, and whether it was community or separate property.
2. Identify the surviving spouse and all heirs (or legatees under a will) and their addresses.
3. Mail 30 days' notice to any heir or legatee who will not sign, unless that person cannot be found after a reasonable search.
4. Fill in the affidavit with every statement the law requires and sign it under oath before a notary.
5. Give an original or certified copy to each bank, company or person holding the property.
6. 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