Louisiana Small Estate Affidavit (Small Succession): $200,000 Limit

In Louisiana, heirs can often collect a deceased person's property without opening a succession in court by signing an affidavit of small succession under La. Code of Civil Procedure arts. 3431 through 3434. For a person who died domiciled in Louisiana, the succession must have a gross value of $200,000 or less, valued as of the date of death, under art. 3421 as amended by Act 293 of the 2026 Regular Session (effective August 1, 2026). The articles set no waiting period after the death, but any heir who does not sign must first get 30 days' notice by U.S. mail, unless that heir cannot be found.

Louisiana is a civil-law state, so the vocabulary differs from other states. An estate is a succession, people who inherit without a will are heirs, people named in a will (a testament) are legatees, and land and buildings are immovable property. The affidavit is not filed with a court; it goes straight to the bank or other holder. To compare Louisiana with other states, see our small estate affidavit rules by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Louisiana's small succession affidavit under La. Code of Civil Procedure arts. 3421, 3431, 3432, 3432.1, 3433 and 3434, the bank small-deposit payment under La. R.S. 6:315.1, the Office of Motor Vehicles heirship procedure, and an employer's payment of final wages. It does not cover a full judicial succession, who inherits and in what shares under the Civil Code, the surviving spouse's usufruct in detail, taxes, or other states' procedures.

Which Louisiana successions qualify

Article 3421 defines a small succession mainly by the person's domicile and the gross value of what they left, with a third category based on how long ago the person died. Article 3431 then lists the small successions that do not need to be opened in court, which is what makes the affidavit possible.

Article 3421(3) adds the last category: if the person died at least 20 years before the affidavit is signed, the succession counts as a small succession whatever the value of the Louisiana property.

For a person who lived in another state and whose will was probated by a court there, art. 3433 provides the affidavit. At least two people sign, including the surviving spouse, if any, and one or more legatees; with no surviving spouse, at least two people with actual knowledge of the facts sign. A legatee who does not sign must have been given 30 days' notice by U.S. mail and not objected. The affidavit attaches a copy of the will and a certified copy of the other state's probate order, and it may describe Louisiana immovable property, which is then recorded in the parish conveyance records (art. 3434).

What counts toward the $200,000 limit

The limit is measured by gross value, valued as of the date of death. Article 3421 speaks of a person "who died leaving property with a gross value of two hundred thousand dollars or less valued as of the date of death." Debts, mortgages and other liens are not subtracted.

Nothing in art. 3421 excludes immovable property, so a house or land counts toward the gross value. The article also does not say whether accounts with a named beneficiary, jointly held property, life insurance or retirement accounts count. If those assets would push the total over the limit, ask a lawyer before relying on the affidavit.

The limit rose to $200,000 on August 1, 2026

Act 293 of the 2026 Regular Session (House Bill 215) raised the limit for Louisiana-domiciled decedents. The Legislature's digest of the act says it "increases the gross value of property for purposes of a small succession from $125,000 to $200,000. Effective August 1, 2026." The limit for people who died domiciled outside Louisiana stayed at $125,000.

Many websites, and some older official material, still show the old figure. A 2010 Department of Revenue information bulletin (RIB 10-007) that remains online gives an even older cap and limits that the current articles no longer contain, so do not rely on it.

Act 293 itself does not say whether the $200,000 figure applies to deaths before August 1, 2026, and this page could not confirm how courts or holders treat those deaths. If the person died before August 1, 2026 and the property is worth more than $125,000, ask a Louisiana lawyer which limit applies before signing.

Is there a waiting period?

No. Articles 3431 through 3434 do not require you to wait any set time after the death before signing.

The one timing rule involves heirs who do not sign. Under art. 3432, each heir who is not a signer must either be someone who could not be located after reasonable diligence, or someone who "was given thirty days' notice by United States mail of the affiants' intent to execute an affidavit for small succession and did not object." In practice, if any heir will not sign, plan on at least 30 days between mailing the notice and signing.

Who must sign the affidavit

When there is no will (art. 3432), the affidavit is signed by at least two people, including the surviving spouse, if any, and one or more heirs. The article fills the gaps this way:

• If there is no surviving spouse, at least two heirs sign.
• If there is no surviving spouse and only one heir, "the affidavit shall also be signed by a second person who has actual knowledge of the matters stated in the affidavit."
• A natural tutor may sign for a minor child, and a curator may sign for an interdict, without court authorization.
• Heirs who do not sign must be unlocatable or have received the 30-day mailed notice without objecting.

Article 3431(B) also lets a public administrator use the procedure for an estate with no heirs present. The articles do not list creditors or the person who paid for the funeral among the people who may sign.

When there is a will and the person died domiciled in Louisiana (art. 3432.1), the bar is higher. "All of the heirs and legatees of the deceased, including the surviving spouse, if any," must sign. Each signer waives any right to challenge the testament, a legatee who signs accepts the legacy, and a copy of the testament is attached.

What the affidavit must say

We did not find a statewide official form for the small succession affidavit. The Louisiana Supreme Court Law Library guide for self-represented litigants links to forms, but no small succession form was located there. Article 3432(A) works as the checklist of what an intestate affidavit must state, including:

• The date of death and the person's domicile, and that the person died without a will.
• The person's marital status, last residence and any surviving spouse.
• The names, addresses and relationships of the heirs.
• A description of the property left, whether each item is community or separate, and the value of each item and the total.
• Each heir's interest and any usufruct of the surviving spouse.
• A statement that each heir who signs has accepted the succession.
• A statement that the signers "swear under penalty of perjury that the information contained in the affidavit is true, correct, and complete to the best of their knowledge, information, and belief."

The testate affidavit under art. 3432.1 describes only movable property and must state "that the deceased died owning no immovable property in Louisiana." This page does not supply affidavit wording; if you need a document prepared, a notary or lawyer can do that.

How to use a Louisiana small succession affidavit, step by step

1. Check the succession fits. Confirm the person's domicile, whether there was a will, and that the gross value is within the limit in the table above.
2. Identify everyone involved. List the surviving spouse, all heirs (and legatees if there is a will), their addresses, and which property was community or separate.
3. Mail notice to any heir (or, for an art. 3433 affidavit, any legatee) who will not sign. Send 30 days' notice by U.S. mail of the intent to execute the affidavit, and wait for the 30 days to pass without an objection.
4. Prepare the affidavit with the contents art. 3432, 3432.1 or 3433 requires. With a will, attach a copy of the testament; for an art. 3433 affidavit, also attach a certified copy of the other state's probate order.
5. Sign before an officer authorized to administer oaths, which in practice is usually a notary. The articles contemplate "multiple originals" so that each holder can receive one.
6. Give an original to each holder. Banks, other financial institutions, trust companies, corporations and anyone else holding the person's money or property can pay or deliver on the affidavit. The articles do not require a death certificate to be attached, but a holder may ask for one.
7. Record it if it covers a house or land. A multiple original or certified copy, with any attachments art. 3433 requires, must be recorded in the conveyance records of the parish where the immovable property is located. The recording fee is set locally; ask the parish clerk of court. Our Louisiana property records guide explains how those records work.

What the affidavit can and cannot collect

Holders pay "in the percentages listed in the affidavit." That makes the shares stated in the affidavit important, since the holder relies on them.

Small bank deposits under R.S. 6:315.1

Louisiana also has a narrower bank-only option. When a depositor dies without a will, La. R.S. 6:315.1 says a bank "may pay a sum not to exceed twenty thousand dollars of such deposits to the surviving spouse and heirs." It applies to deposits in the person's name alone or held jointly with a surviving spouse and heirs. The $20,000 is a total across all banks: the affidavit must state that the total withdrawn from all depositories does not exceed $20,000, and a knowingly false affidavit can bring a fine of up to $500, up to six months in jail, or both. Because the statute says "may," a bank can choose to require the full small succession affidavit instead.

Cars and other vehicles

The Office of Motor Vehicles has two routes for a vehicle titled to someone who died. Under OMV Policy 18.01 it accepts a small succession affidavit for a person who died without a will, or who lived in another state and whose will was probated there, with a Vehicle Application (DPSMV1799); that policy was last revised in 2017 and still shows the older $125,000 figure. Under OMV Policy 18.02, which applies La. R.S. 32:707.1, heirs can instead use an Affidavit of Heirship and bring:

• A Vehicle Application (DPSMV1799).
• Proof of death, either the death certificate or a published obituary.
• An Affidavit of Heirship (DPSMV1696) with a revision date of 08/17/2023 or later, signed by the surviving spouse and all heirs and legatees and notarized.
• A copy of the will or a notarized statement if there was a will, the title if available, photo identification, and any lien documents.

The policy (revised February 13, 2025) lists a title fee of $68.50 and says transfers by intestate succession are tax free. The policy does not set a value cap on the vehicle. The procedure is not for use after a succession has been opened in court and a judgment rendered. The OMV form itself says it is for use "only when a vehicle is registered in the name of a deceased owner and the eligible heirs desire to confirm their ownership interest," so it is a different document from the small succession affidavit used under Policy 18.01.

Final wages

A separate statute, La. R.S. 9:1515, lets an employer, including a state or local government employer, pay a deceased worker's last wages, sick and annual leave and other benefits to the surviving spouse. If there is no surviving spouse, or a divorce was pending, payment can go to a major child. The person receiving payment signs an instrument before two witnesses, and the payment is a full release for the employer. The statute says the employer "may make the payments referred to in this Section without any court proceedings, order, or judgment," and it sets no dollar cap.

Unclaimed property

This page could not confirm the Louisiana Department of the Treasury's rules for heirs claiming a deceased owner's unclaimed property, including whether it accepts a small succession affidavit and at what amount. Our Louisiana unclaimed property guide covers how to search and file a claim; ask the Treasury what heirship proof it needs before you file.

Your responsibilities and risks when you sign

The affidavit is sworn. Article 3432 requires each signer to affirm "under penalty of perjury" that the information is true, correct and complete. A knowingly false sworn statement can be prosecuted as false swearing under La. R.S. 14:125, punishable by a fine of up to $500, up to one year in jail, or both, so do not sign anything you have not checked.

Signing also has civil consequences. An heir who signs affirms that he or she "has accepted the succession of the deceased." Under Civil Code art. 1416, heirs who receive property are liable for the decedent's debts in proportion to their share, but only up to the value of the property each received, and the small succession articles contain no step for paying creditors or giving them notice. If the person had significant debts, talk to a lawyer before you sign.

The people who pay on the affidavit are protected. Under art. 3434, "any creditor, heir, legatee, succession representative, or other person shall have no right or cause of action against the person paying the money or delivering the property" in line with the article. Any dispute is between the claimants, not with the bank.

For immovable property, recording the affidavit matters. A claimant who was not recognized in a recorded affidavit has two years from the recording to bring an action against a third party who acquired the property by onerous title (for example, a buyer) from the successors named in the affidavit. Article 3434 says such an action "is prescribed two years from the date of the recording of the affidavit and required attachments."

When to open the succession in court instead

The affidavit is available only when every condition in the articles is met. Opening the succession in court is the usual path when:

• The gross value is more than $200,000 (or more than $125,000 of Louisiana property for someone domiciled elsewhere), unless the person died at least 20 years before the affidavit is signed.
• The person died domiciled in Louisiana with a will and left immovable property in Louisiana.
• With a will and a Louisiana domicile, any heir, legatee or the surviving spouse will not sign or will not waive probate of the testament.
• An heir who received the 30-day notice objects.
• The family disagrees about who the heirs are, their shares, or whether property is community or separate.

Our Louisiana probate and succession guide explains how a court-opened succession works.

Related

• Small estate affidavit rules by state
• Louisiana probate and succession
• Louisiana unclaimed property
• Louisiana property records
• Texas small estate affidavit
• Mississippi small estate affidavit

This article is general legal information about Louisiana law (La. Code of Civil Procedure arts. 3421, 3431, 3432, 3432.1, 3433 and 3434, and La. R.S. 6:315.1) as verified on 2026-10-07. It is not legal advice. For help with a specific succession, contact the clerk of court in the parish where the person lived, the Louisiana Supreme Court Law Library's self-help resources, a legal aid office, or a lawyer licensed in Louisiana.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small estate limit in Louisiana?

For a person who died domiciled in Louisiana, the small succession limit is a gross value of $200,000 or less, valued as of the date of death, under La. C.C.P. art. 3421 as amended by Act 293 of 2026 (effective August 1, 2026). For a person domiciled elsewhere, the Louisiana property must be worth $125,000 or less. If the person died at least 20 years before the affidavit is signed, Louisiana property of any value can qualify (art. 3421(3)).

Is the Louisiana limit $125,000 or $200,000?

The current text of art. 3421 says $200,000 for Louisiana-domiciled decedents. Act 293 of the 2026 Regular Session raised it from $125,000 effective August 1, 2026, so many older sources still show $125,000. Act 293 does not say how the change applies to a death before August 1, 2026, and this page could not confirm how courts or holders treat those deaths.

How long after death can I use a small succession affidavit in Louisiana?

Articles 3431 through 3434 set no waiting period after the death. The timing rule that matters is notice: any heir who will not sign must be given 30 days' notice by U.S. mail of the intent to execute the affidavit, unless that heir cannot be located after reasonable diligence.

Does a Louisiana small succession affidavit need to be filed with the court?

No. Under art. 3431 these small successions need not be opened judicially, and the signed affidavit goes directly to each bank or other holder. If the affidavit covers immovable property, a multiple original or certified copy must be recorded in the parish conveyance records (art. 3434).

Can I transfer a house with a small succession affidavit in Louisiana?

Yes, if the person died without a will, or lived in another state and the will was probated there (art. 3433): the affidavit must describe the immovable property well enough for transfer and be recorded in the conveyance records of the parish where it is located (arts. 3432, 3433 and 3434). If the person died domiciled in Louisiana with a will and left Louisiana immovable property, the affidavit route is not available.

Who signs a Louisiana affidavit of small succession?

Without a will, at least two people sign, including the surviving spouse, if any, and one or more heirs; with no spouse and only one heir, a second person with actual knowledge of the facts also signs (art. 3432). With a will and a Louisiana domicile, all heirs and legatees, including the surviving spouse, must sign (art. 3432.1). For a person domiciled elsewhere whose will was probated there, at least two people sign, including the surviving spouse, if any, and one or more legatees (art. 3433).

Is there an official Louisiana small succession affidavit form?

We did not find a statewide official form. Article 3432(A) lists what the affidavit must contain, and the Louisiana Supreme Court Law Library's guide for self-represented litigants is a starting point for finding forms.

How do I transfer a car when the owner died in Louisiana?

The Office of Motor Vehicles accepts a small succession affidavit under OMV Policy 18.01 when the person died without a will or the will was probated in another state, or its own heirship procedure under Policy 18.02: a Vehicle Application (DPSMV1799), a death certificate or published obituary, and an Affidavit of Heirship (DPSMV1696) signed by the surviving spouse and all heirs and legatees and notarized. OMV Policy 18.02 lists a $68.50 title fee.