Small estate affidavit in Louisiana (2026)

Louisiana at a glance

Affidavit cap

$200,000

Applies to

Art. 3421(1) as amended by Acts 2026, No. 293, effective 2026-08-01. The Act states no date-of-death rule.

Value counted

Gross value (debts not subtracted)

Waiting period

None

If there is a will

Special rule — see below

File with a court

No

Real estate

Can be included (see the rule)

Court shortcut

Judicial small succession (court-opened small succession) (up to $200,000)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

A worked example for Louisiana

Say a parent who lived in Louisiana died on March 1, 2026, leaving $160,000 in a bank account in their name only and no house. $160,000 is within the $200,000 cap for that date of death, so the family can use the affidavit right away.

The rules in Louisiana

• The affidavit. Heirs (and the surviving spouse) sign a sworn affidavit listing the heirs, the property and its value; banks and other holders must release the listed property to the people named in it. It is not filed with a court, but if it lists immovable property it must be recorded in that parish's conveyance records.
• Cap. A Louisiana resident's succession is a 'small succession' if gross property is $200,000 or less at death ($125,000 for property in Louisiana of a non-resident). If the person died at least 20 years before the affidavit is signed, any value qualifies.
• What counts. All property the decedent left (movable and immovable), at gross value as of the date of death. For a person domiciled outside Louisiana, only the property in Louisiana counts and the cap is $125,000.
• What doesn't count. The article does not list exclusions; it uses gross value (debts and mortgages are not subtracted).
• Earlier caps. $125,000: Art. 3421(1) before 2026-08-01 (Louisiana domiciliaries)
• Waiting period. No waiting period after death is set. But an heir (or, for non-resident testate successions, a legatee) who does not sign must be given 30 days' notice by U.S. mail and not object, unless the heir cannot be located.
• Conditions. Intestate (no will): allowed. With a will: a Louisiana resident's small succession can use the affidavit only if there is no Louisiana immovable property and the surviving spouse, all legatees and all heirs agree to waive probate of the will; every affiant waives any challenge to the will and a copy of the will is attached. A non-resident's will must already be probated in another state (certified probate order attached). Signing heirs accept the succession. The articles do not expressly address a pending court succession; the affidavit is the alternative to opening the succession judicially.
• Who can sign. No will: at least two people, including the surviving spouse (if any) and one or more heirs; with no spouse, at least two heirs, or one heir plus a second person with actual knowledge. Will (Louisiana resident): all heirs and legatees, including the spouse. Will (non-resident): at least two people, including the spouse and one or more legatees. A natural tutor may sign for a minor and a curator for an interdict. A governor-appointed public administrator may also use it in some cases.
• Court filing. No court filing. Recording in the parish conveyance records is required when the affidavit describes immovable property.

Houses, land and vehicles

• Real estate. The intestate affidavit (and a non-resident testate affidavit) can describe Louisiana immovable property, counted inside the same cap. A copy must be recorded in the conveyance records of the parish where the land is. A testate Louisiana resident with Louisiana immovables cannot use the affidavit and must open the succession in court.
• Vehicles. The Office of Motor Vehicles uses its own Affidavit of Heirship (DPSMV 1696), signed by the surviving spouse and heirs or legatees, to title a deceased owner's vehicle.

When the affidavit isn't enough

If the affidavit can't be used (for example, a will with Louisiana land, or heirs who won't sign), a small succession can be opened in court under the regular succession rules, at half the normal court costs; any succession representative's pay is capped at 5% of gross assets.

Good to know in Louisiana

• The $200,000 cap took effect 2026-08-01 (Acts 2026, No. 293). Older guides and forms still say $125,000.
• Affiants swear under penalty of perjury. Signing as an heir means accepting the succession, which can make the heir answer for the decedent's debts up to what they receive (general succession law; not restated in these articles).
• Someone claiming to be an heir who was left out of a recorded affidavit has two years from recording to assert an interest in the land against a third-party buyer.
• No official statewide affidavit form was found on a court or state site.

Official help and forms

• Louisiana official self-help on small estates

Sources

• La. C.C.P. art. 3421 (small successions defined) (read October 23, 2026)
• La. C.C.P. art. 3422 (court costs) (read October 23, 2026)
• La. C.C.P. art. 3431 (judicial opening unnecessary) (read October 23, 2026)
• La. C.C.P. art. 3432 (intestate affidavit) (read October 23, 2026)
• La. C.C.P. art. 3432.1 (testate affidavit, Louisiana domiciliary) (read October 23, 2026)
• La. C.C.P. art. 3433 (testate affidavit, non-domiciliary) (read October 23, 2026)
• La. C.C.P. art. 3434 (effect; recording) (read October 23, 2026)
• La. C.C.P. arts. 3441-3442 (judicial proceedings) (read October 23, 2026)
• HB 215 (2026 RS) enrolled text (read October 23, 2026)
• Act 293 (2026 RS) resume digest - effective August 1, 2026 (read October 23, 2026)
• Louisiana OMV Affidavit of Heirship (DPSMV 1696) (read October 23, 2026)

Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.