Louisiana Small Estate Affidavit

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

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

Questions about small estates in Louisiana

How long must I wait to use the affidavit in Louisiana?

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.

What does the affidavit cost in Louisiana?

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.

Am I responsible for debts if I use the affidavit in Louisiana?

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.

Related pages

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.