Does Louisiana allow a transfer on death deed?

Louisiana at a glance

TOD deed for real estate

No

How a house passes in Louisiana without a TOD deed

• Small-estate affidavit cap. $200,000
• 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.
• Judicial small succession (court-opened small succession). 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.

All Louisiana small-estate rules, with sources →

What people in Louisiana use instead

Louisiana has no transfer-on-death deed for real estate. The official shortcut is used after death, not a deed: heirs can use a sworn small-succession affidavit instead of opening a court succession when a Louisiana resident left property worth $200,000 or less (raised from $125,000 by Act 293 of 2026, effective August 1, 2026), or when the owner died at least 20 years ago (La. Code Civ. Proc. arts. 3421, 3431-3432.1). If there is a will, the affidavit can be used only if the person left no immovable property in Louisiana.

Good to know in Louisiana

• Louisiana has no statute that allows a transfer-on-death deed for immovable property, and none was enacted through the 2026 session; the state's 2026 transfer-on-death bills covered only bank accounts and securities.
• Small successions with a will: art. 3431(A)(2), as amended by Acts 2024, No. 90, lets a Louisiana testate succession skip court only if the deceased left no immovable property in Louisiana and the surviving spouse and all heirs and legatees waive probate; the affidavit under art. 3432.1 must affirm the deceased died owning no immovable property in Louisiana. So a home left under a will cannot pass by small-succession affidavit.
• The small-succession limit for Louisiana domiciliaries is now $200,000 (art. 3421(1), Acts 2026, No. 293); $125,000 still applies to ancillary successions of non-domiciliaries (art. 3421(2)).

Official pages

• No TOD deed or other plan? How Louisiana handles a small estate without probate →

Sources

• La. Code Civ. Proc. art. 3432.1 (small succession affidavit, testate) - legis.la.gov (read October 28, 2026)
• SSA POMS PS 02315.056 - Louisiana small estates (quotes La. CCP art. 3421 $125,000 limit, art. 3431) (read October 28, 2026)
• louisiana alternatives (verifier B) (read October 28, 2026)
• louisiana notes (verifier A) (read October 28, 2026)

Legal information from the official sources above, not legal advice. A TOD deed can affect Medicaid, taxes, creditors and co-owners; for a decision about your own property, ask the county recorder, a legal aid office or a lawyer. How we check: methodology.