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Aug 03, 2026
What Is a Small Succession?
Louisiana law offers a streamlined process for qualifying estates called a small succession. Depending on the circumstances, heirs may use a small succession affidavit to transfer property without opening a full court proceeding.
Effective August 1, 2026, Louisiana Act 293 raised the small-succession threshold from $125,000 to $200,000 for a person who died domiciled in Louisiana. The gross value of the property is measured as of the date of death.
As a result, a small succession may include:
- The succession of a person who died domiciled in Louisiana and left property with a gross value of $200,000 or less.
- The ancillary succession of a person domiciled outside Louisiana who left property in Louisiana with a gross value of $125,000 or less.
- A succession involving Louisiana property of any value when the person died at least 20 years before the small succession affidavit is executed.
The 20-year provision removes the value limit, but the estate must still satisfy the other legal requirements for using an affidavit.
The increased threshold means that more Louisiana estates now qualify as small successions. However, qualifying as a small succession does not automatically mean that every estate can avoid court.
When Can a Small Succession Affidavit Avoid Court?
Under Louisiana Code of Civil Procedure Article 3431, it is generally unnecessary to open a small succession judicially in the following situations:
- A person domiciled in Louisiana died without a will.
- A person domiciled in Louisiana died with a will but owned no immovable property in Louisiana, and everyone required by law agrees to waive probate of the will.
- A person domiciled outside Louisiana died without a will, or the person’s will has already been probated by court order in another state.
This distinction matters. For example, a Louisiana resident may leave an estate worth less than $200,000 but still require a judicial succession if the person had a will and owned Louisiana real estate.
Attorney Morgan Field helps families determine whether an affidavit will work or whether they need a judicial succession.
How the Small Succession Affidavit Works
1. Prepare the Affidavit
For an intestate succession, at least two people generally sign the affidavit. Under Louisiana Code of Civil Procedure Article 3432, the signers must include the surviving spouse, if any, and one or more heirs.
If there is no surviving spouse, at least two heirs generally sign. If there is only one heir, that heir and another person with actual knowledge of the relevant facts may sign.
A testate small succession has different requirements. When the decedent left a will but no Louisiana immovable property, the affidavit must comply with Louisiana Code of Civil Procedure Article 3432.1.
Depending on the type of succession, the affidavit must identify matters such as:
- The decedent’s date of death and domicile.
- Whether the decedent died with or without a will.
- The decedent’s marital status.
- The heirs, legatees, and surviving spouse.
- The property’s description and date-of-death value.
- Whether each asset was community or separate property.
- The interest inherited by each heir or legatee.
- Any usufruct affecting the inherited property.
- The required statements accepting the succession and confirming the affidavit’s accuracy.
If the decedent left a will, the required affidavit must include a copy of the will. A nonresident’s estate may also require a certified copy of an out-of-state probate order.
2. Present or Record the Affidavit
When the estate contains immovable property, a multiple original or certified copy of the affidavit and its required attachments must be recorded in the conveyance records of the parish where the property is located.
For movable property, the heirs may present the completed affidavit to the bank, financial institution, corporation, government agency, or other person holding the property.
Louisiana law treats a properly completed affidavit as authority for the delivery of the property described in it. More general information about this procedure is available through the Louisiana Small Successions Guide.
3. Transfer the Property
Depending on the estate, the affidavit may help the heirs:
- Transfer a vehicle through the Louisiana Office of Motor Vehicles.
- Obtain funds from a bank or investment account.
- Address access to a safe-deposit box.
- Record the heirs’ ownership of Louisiana real estate.
- Transfer other property held in the decedent’s name.
Banks, title companies, and government agencies may have their own administrative requirements in addition to the affidavit.
Benefits of a Small Succession Affidavit
When an affidavit is available, it may provide:
- No formal judicial succession.
- No court hearing.
- Lower legal and filing expenses.
- A faster transfer of property.
- A more efficient process for cooperative families.
However, an affidavit must accurately identify the heirs, property, values, marital history, and inherited interests. Errors may cause a bank, title company, clerk of court, or government agency to reject the document. They can also create ownership problems that become more expensive to correct later.
What If the Estate Still Requires Court?
Some estates qualify as small successions but cannot use the affidavit procedure. For example, a Louisiana resident who leaves a will and Louisiana real estate may still need a judicial succession.
Even then, small-succession status can reduce expenses. Under Louisiana Code of Civil Procedure Article 3422, court costs in a judicial small succession are one-half of the costs charged in a similar succession that does not qualify as small.
Therefore, the increased $200,000 threshold may benefit both families who can use an affidavit and families who still need to open a succession in court.
Common Questions
Do I Need to Go to Court?
Not always. A properly completed small succession affidavit may transfer qualifying property without opening a court proceeding. If the estate includes immovable property, however, the affidavit and required attachments must be recorded in the appropriate parish conveyance records.
For a more detailed comparison, see our discussion of when a Louisiana family can use a small succession affidavit instead of opening court proceedings.
Can a Small Succession Be Used If There Is a Will?
Sometimes. A person who died domiciled in Louisiana with a will may use the affidavit procedure only if the person owned no immovable property in Louisiana and the other requirements of Article 3431 and Article 3432.1 are satisfied.
If a Louisiana resident left both a will and Louisiana real estate, the family will generally need a judicial succession.
What If the Estate Is Worth More Than $200,000?
If a Louisiana decedent’s estate exceeds $200,000, it generally does not qualify as a small succession unless the person died at least 20 years ago. A formal succession may be required.
The threshold for a nonresident’s Louisiana property remains $125,000. Field Law can review the assets, domicile, date of death, and estate documents to determine which procedure applies.
Example: Transferring a Vehicle and Bank Account
Suppose your mother died domiciled in Louisiana without a will. She left a vehicle and a savings account with a combined date-of-death value of $40,000.
If the affidavit requirements are satisfied, her heirs may use a small succession affidavit to transfer the vehicle and obtain the bank funds without opening a judicial succession.
Estate planning can also simplify the eventual transfer of property. For general background, AARP discusses the uses of living trusts in estate planning. Because Louisiana law differs from the law of other states, families should obtain Louisiana-specific advice before transferring assets into a trust.
Why Work With Field Law?
Even modest estates can encounter missing documents, uncertain heirship, incorrect property descriptions, unclear marital histories, or institutions that refuse to accept an affidavit.
Field Law helps families determine whether an estate qualifies for the affidavit procedure, prepare the required documents, record real-estate transfers, and handle judicial successions when court proceedings remain necessary.
Our succession services include:
- Transparent flat fees for appropriate uncontested matters.
- Louisiana-specific succession experience.
- Remote representation for out-of-state family members.
- Clear guidance about the documents and information required.
Contact Field Law for Small Succession Help
If you believe your loved one’s estate qualifies for a small succession in Louisiana, contact Field Law. Morgan Field can review the estate, explain whether an affidavit or judicial succession is appropriate, and help your family complete the required process.
