Small Succession in Louisiana – How to Save Time and Costs

What Is a Small Succession?

Louisiana law offers a streamlined process for smaller estates called a small succession. It lets heirs transfer property without a full court proceeding, saving time and money.

Under Louisiana Civil Code Article 3431, certain estates may be settled without a judicial proceeding through the small succession affidavit process.

The simplified small succession process generally applies to estates valued at $125,000 or less at the time of death, or where the decedent has been deceased for more than 20 years

A small succession may be handled without opening a court case when the decedent falls into one of the following categories:

1. Louisiana residents who died without a will (intestate).
2. Louisiana residents who died with a will (testate) but owned no immovable property in Louisiana, if all heirs and the surviving spouse agree to waive probate of the will.
3. Nonresidents of Louisiana who died intestate, or whose will has already been probated by court order in another state.

Attorney Morgan Field often uses this procedure to help families in Baton Rouge transfer vehicles, bank accounts, and homes quickly.

How It Works

1. Prepare the Small Succession Affidavit
   • At least two people—typically the surviving spouse (if any) and one or more heirs—must sign a sworn affidavit before a notary.
   • The affidavit must include key details such as:
   • The date of death and domicile of the deceased.
   • Whether the decedent died intestate (without a will) or testate (with a will).
   • The names, addresses, and relationships of all heirs or legatees.
   • A description and valuation of all property, including whether it is community or separate property.
   • The ownership interests inherited by each heir or legatee and any usufruct in favor of the surviving spouse.
   • An affirmation under penalty of perjury that the information is true and that each heir accepts their inheritance.
   • If the deceased left a will, a copy of the testament (and, if probated out of state, the probate order) must be attached.
2. Record or File the Affidavit
   • The affidavit (or a certified copy) should be recorded with the Clerk of Court in the parish where any immovable property is located.
   • For estates consisting solely of movable property, filing may be done directly with the relevant bank, financial institution, or state agency.
   • Once properly recorded or filed, the affidavit serves as full legal authority for the release or transfer of the deceased’s property to the heirs or legatees.
3. Transfer Title or Ownership
   • The recorded affidavit can be used to:
     1. Transfer vehicle titles through the Louisiana Office of Motor Vehicles. (https://www.expresslane.org/resources/omv-policy/vehicle-registration-requirements/)
     2. Access bank accounts, investment accounts, or other assets held by financial institutions.
     3. Access to safety deposit boxes (https://www.legis.la.gov/Legis/law.aspx?d=105928)
     4. Record title to real estate in the heirs’ or legatees’ names, where applicable.
   • The receipt of the heirs or legatees listed in the affidavit provides a full release and discharge to anyone who transfers property in reliance on the affidavit.

More information about the small succession affidavit can be found at LouisianaLawHelp.org.

Benefits of a Small Succession Affidavit

• No formal court hearing
• Lower attorney fees
• Faster transfer of property
• Ideal for modest estates or when heirs agree on distribution

However, mistakes on affidavits can invalidate the transfer. That’s why it’s smart to have a lawyer like Morgan Field review the documents before filing.

Common Questions

Do I need to go to court?

Usually not. The affidavit itself serves as the legal transfer document. However, it may be required to be record it in land records.

Can a small succession be used if there’s a will?

Only if there is no immovable property. La. C.C.P. art. 3432.1 (https://www.legis.la.gov/Legis/Law.aspx?d=813956)

What if the estate is worth more than $125,000?

You’ll need a formal succession. Field Law handles those too and can convert a small succession case if needed.

Example: Transferring a Vehicle or Bank Account

Suppose your mother passed away leaving a car and $40,000 in a savings account. You and your siblings can use a small succession affidavit to transfer the car title and close the account – often within weeks instead of months.

For general planning tips on simplifying estates, visit AARP’s The Pros and Cons of Living Trusts.

Why Work With Field Law?

Even small estates can run into snags – missing paperwork, unclear titles, or bank refusals. Attorney Morgan Field ensures your affidavit meets legal requirements and is accepted the first time.

Clients across Louisiana trust Field Law for:

• Transparent flat fees
• Local experience with clerks and courts
• Fast, accurate turnaround

Contact Field Law for Small Succession Help

If you think your loved one’s estate qualifies for a small succession, call Field Law in Baton Rouge today. Attorney Morgan Field can review your situation and tell you exactly what to do next.

 (225) 341-5270 | www.fieldlawllc.com/contact.