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Step-by-Step Guide

Small Succession by Affidavit.

When a person dies with a modest estate, Louisiana provides a streamlined affidavit procedure that avoids formal probate. No lawyer required, no judge needed. Just a notarized affidavit recorded in the parish where the decedent was domiciled.

Who qualifies?

La. C.C.P. arts. 3421–3434 permit small succession by affidavit if:

  • The value of the estate at time of death does NOT exceed $125,000, OR
  • The decedent died more than 20 years ago (any estate size)

Estate value includes real estate, vehicles, bank accounts, and personal property. It does not include life insurance paid to a named beneficiary, retirement accounts with named beneficiaries, or property held in a trust.


The step-by-step process

1

Order the death certificate

Get a certified copy of the death certificate from the Louisiana Department of Health, Vital Records Registry, or from the parish where the death occurred. Cost: $9–$15 per copy. Order at least three (3) certified copies — you will need one for the succession, one for Social Security, and one for other agencies.

2

Determine the heirs

Louisiana intestate succession follows La. C.C. arts. 880–902. Basic order:

  • Children inherit first (with predeceased children's shares going to their descendants)
  • If no descendants, the surviving spouse inherits community property; separate property goes to siblings/parents/further relatives
  • Complex family situations (blended families, adopted children, no children but surviving spouse) get complicated fast — consider consulting an attorney

If there was a Will, the Will controls (see Step 3).

3

If there was a Will

Get the original Will. Louisiana recognizes several types of wills:

  • Notarial Testament (typed, signed before notary and 2 witnesses)
  • Olographic Will (entirely handwritten, dated, and signed by testator)

If the Will has already been probated, get a certified copy of the Order Probating Testament from the clerk. If not, you may need to open a formal succession instead of using the small succession affidavit.

4

List the assets

Prepare a written inventory of everything the decedent owned:

  • Real estate: full legal description (from the tax assessor or the deed), current appraised value
  • Vehicles: VIN, make, model, year, current market value
  • Bank accounts: institution, account number, balance at date of death
  • Retirement accounts: only if no beneficiary was designated (usually excluded)
  • Personal property: jewelry, furniture, collectibles — usually estimated in bulk

Confirm the total is under $125,000 (or the decedent died over 20 years ago).

5

List the debts

List all debts of the decedent: mortgages, credit cards, medical bills, funeral expenses. Debts do not disqualify the affidavit procedure, but they must be paid before distribution to heirs (or the heirs take subject to the debts).

6

Download the affidavit

💾 Small Succession Affidavit 💾 Affidavit of Heirship (companion)

Complete the affidavit with the information from Steps 1–5.

7

All heirs sign in front of a notary

Every heir must sign the affidavit before a notary, in the presence of two witnesses (this is a Louisiana authentic act requirement). If an heir cannot be present, they can sign a separate identical affidavit and combine them for filing.

Also useful: an Affidavit of Heirship signed by a non-heir who personally knew the decedent's family (a neighbor, distant relative, or family friend). This adds credibility.

8

File with the Clerk of Court

File the notarized affidavit(s), certified death certificate, certified copy of Will (if any), and Affidavit of Heirship at the Clerk of Court in the parish where the decedent was domiciled. If real estate is in a different parish, also record a certified copy in that parish's Conveyance Records.

Filing fees are modest ($100–$300).

9

Transfer the property

Once filed, the affidavit serves as legal authority to transfer property. Take a certified copy to:

  • Banks — to close accounts and transfer funds
  • Louisiana Office of Motor Vehicles — to transfer vehicle titles
  • Retirement plan administrators — for any non-beneficiary accounts
  • Utility companies, insurance — to close or transfer accounts

For real estate, the recorded affidavit is your title document. Future sales or mortgages will reference it.

⚠ If estate exceeds $125,000, use formal succession

Do not attempt a small succession affidavit for a larger estate — it will not clear title and can create tax and probate problems. For estates over $125,000, file a Petition for Possession (testate) or open an intestate succession. Consider attorney help.

⚠ Contested cases are not for the affidavit procedure

If the heirs disagree on who inherits what, or if the Will is challenged, the small succession affidavit is not appropriate. Open a formal succession proceeding.

💡 Skipped debts can come back

Heirs who receive property under a small succession affidavit take it subject to the decedent's debts. Creditors who were not paid can still pursue the heirs up to the value received. Do not distribute assets without accounting for known debts.


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