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Modified on
Jun 29, 2026
Louisiana permits affidavit-based small-succession procedure in limited situations, but the availability of that shortcut depends on both value and posture. Article 3421 defines a small succession to include, among other things, a Louisiana domiciliary estate with a gross value of one hundred twenty-five thousand dollars or less, certain ancillary estates of the same value, and certain much older successions involving Louisiana property. La. C.C.P. art. 3421.
When judicial opening is unnecessary
Article 3431 sets the conditions under which judicial opening is unnecessary. For example, certain intestate domiciliaries may proceed by affidavit, and certain testate domiciliaries may do so only if there is no Louisiana immovable property and all competent residuary legatees accept the succession and waive formal probate. La. C.C.P. art. 3431.
That limitation on Louisiana immovables matters. Families often think ‘small estate’ is the whole test. It is not. A modest estate that includes Louisiana immovable property may still require more formal process if it falls outside the affidavit conditions for the particular type of succession. La. C.C.P. art. 3431.
Which affidavit article applies
The controlling affidavit article depends on whether the estate is intestate, a qualifying testate domiciliary estate, or a qualifying non-domiciliary estate. Intestate small successions are addressed in Article 3432, qualifying testate domiciliaries in Article 3432.1, and certain non-domiciliary testate estates in Article 3433. La. C.C.P. arts. 3432, 3432.1, 3433.
The rules do not merely ask for a list of heirs. They require detailed statements about the decedent, the property, the successors, and the qualifications for using the affidavit procedure. A defective affidavit can create title problems rather than avoid them. La. C.C.P. art. 3432 – 3433.
Cost and compensation
If the matter is opened judicially as a small succession, court costs are one-half of the court costs in similar non-small-succession proceedings, and the succession representative’s compensation may not exceed five percent of the gross assets. La. C.C.P. art. 3422.
Field Law can help
A small succession is a statutory shortcut, not a casual shortcut. If you think your family may qualify to use a small-succession affidavit, Field Law can evaluate whether the estate fits the statute and which affidavit path – if any – is actually available.
