Louisiana Small Succession Affidavit

The definition (article 3421)

Article 3421 defines a small succession in three numbered categories. Category (1) covers the succession of a person who died domiciled in Louisiana, leaving property with a gross value of $200,000 or less, valued as of the date of death. Category (1) says "leaving property" with no "in Louisiana" qualifier. Category (2) covers the ancillary succession of a person who died domiciled outside of Louisiana, leaving property in Louisiana with a gross value of $125,000 or less, valued as of the date of death. Category (3) covers the succession of a person whose date of death occurred at least 20 years prior to the execution of a small succession affidavit, leaving property in Louisiana of any value.

The trigger in category (3) is execution, not filing. The article has no lettered paragraphs. There is no paragraph (B) in article 3421 as currently codified, no testate provision in the article, no "leaving no immovable property" wording, and no same-effect test. Any testate or immovable rule in this guide is cited to articles 3431 or 3432.1 or to the Act 90 Comments, never to article 3421.

The history line on the current article page ends with Acts 2024, No. 90, section 1, and Acts 2026, No. 293, section 1. The page states no effective date for either act. This guide therefore states no effective date for Act 293 and no rule about deaths before any assumed effective date. The gross value test states no debts deduction and no non-probate exclusion list. Whether a mortgage reduces gross value was not opened.

When no judicial opening is needed (article 3431)

No judicial opening is needed for three cases. First, a person domiciled in Louisiana who died intestate, or testate as provided in article 3431. Second, a person domiciled in Louisiana who died testate leaving no immovable property in Louisiana, if the surviving spouse, all persons who would inherit under the testament, and all other persons who would inherit in the absence of a testament agree to waive probate of the testament. Third, a person domiciled outside Louisiana who died intestate or whose testament has been probated by court order of another state. The current article states no heir-class limit. A pre-2024 "sole heirs" class limit was struck by Act 90 and is dead law.

A public administrator lane also exists in article 3431. A governor-appointed public administrator may use the affidavit procedure to take possession for transmittal to the state if the estate would qualify as a small succession, no surviving spouse or other heir is present or represented in the state, and the administrator advertised once in the official journal of the parish where a succession would have been opened and verifies that no notice of opposition was received.

Four affidavit variants (articles 3432, 3432.1, and 3433)

The affidavit variant is chosen by domicile and testacy. The variants differ in signers, contents, and attachments, and must not be merged into one generic procedure.

The intestate affidavit under article 3432 may be executed by at least two persons, including the surviving spouse if any and one or more heirs, in one or more multiple originals, duly sworn before an officer or person authorized to administer oaths where executed. It sets forth nine items: date of death and domicile; death intestate; marital status, last residence location, and surviving spouse details; heirs' names, last known addresses, and relationships, with a statement for a non-signing heir that the heir cannot be located after reasonable diligence or was given 30 days' notice by United States mail of intent to execute and did not object; property description including community and separate character, with immovable property described sufficiently to identify it for transfer; value of each item and the aggregate, at time of death; respective interests inherited and whether a legal usufruct of the surviving spouse attaches; acceptance of the succession by the signing affiant-heir; and a perjury affirmation. If there is no surviving spouse, at least two heirs sign. If there is no spouse and only one heir, a second person with actual knowledge of the matters stated also signs. A natural tutor may execute for a minor child, and a curator may execute for an interdict, without further court authorization as stated in the article.

The Louisiana-domiciled testate affidavit under article 3432.1 requires all of the heirs and legatees, including the surviving spouse if any, to execute. That unanimity is stricter than article 3432. It sets forth eleven items, including a description of the movable property only and an affirmation that the deceased died owning no immovable property in Louisiana, the value of each item subject to Louisiana courts' jurisdiction and the aggregate at death, a copy of the testament attached, acceptance of the legacy, and an express waiver by each affiant of any right to challenge the validity of the testament or any provision. An affidavit under article 3432.1 therefore does not transfer Louisiana immovable property on the texts read.

The out-of-state testate affidavit under article 3433 requires at least two persons, including the surviving spouse if any and one or more legatees. It sets forth ten items, including a 30-day notice statement for a non-signing legatee, a description of property in Louisiana including immovable property described sufficiently for transfer, and an attachment of a copy of the testament and a certified copy of the other state's probate order or equivalent. It has no will-validity waiver paragraph.

The testate-plus-immovable position for a Louisiana domiciliary is a fork, not a settled lane. The Act 90 Comments state that a testate Louisiana domiciliary with immovable property can qualify as a small succession for reduced court costs while the affidavit process in article 3431 is not extended to that case. Article 3432.1(A)(5) still affirms no Louisiana immovable property. This guide states neither that such an owner can use the affidavit nor that such an owner cannot. The fork is recorded, and the reader must check the current articles and comments.

Effect, delivery, and recordation (article 3434)

A multiple original of the affidavit, or a certified copy thereof authorized by article 3432, 3432.1, or 3433, is full and sufficient authority for payment or delivery of money or property described, in the percentages listed, by any federally insured depository institution, financial institution, trust company, warehouseman, depositary, domestic or foreign corporation, or any person having the property in possession or control. The named persons' receipt is a full release and discharge for payment or delivery under the article. Any creditor, heir, legatee, succession representative, or other person has no right or cause of action against the person paying or delivering in accordance with the article.

A multiple original or certified copy, with any required attachments under article 3433, shall be recorded in the conveyance records of the parish where any immovable property described is situated. A recorded affidavit or certified copy is admissible evidence in any action involving the immovable property and prima facie evidence of the facts stated, including relationships and rights in the immovable property. An unrecognized claimant's action to assert an interest in immovable property against a third person who acquired an interest by onerous title, or successors, is prescribed two years from recording of the affidavit and required attachments. That paragraph names affidavits authorized by article 3432 or 3433 only. Article 3432.1 is not named there, and this guide does not correct that asymmetry.

Louisiana civil-law words are used in this guide as the articles use them: succession, immovable and movable, testament, legatee, forced heir, usufruct, acceptance of the succession or legacy, onerous title, and prescribed. Translating "immovable" to "real estate" inside a quoted test would change the test.

What this guide does not state

No Department of Revenue filing, parish recordation practice, or Office of Motor Vehicles lane is stated, because those lanes were not opened on primary sources. No fee figure and no court-costs figure is stated. No creditor-notice, claims, or heir-liability rule is stated, because none appears in articles 3421 to 3434 as read. No venue rule for the extrajudicial affidavit is stated. No statement is made about deaths before the Act 293 change, because transition and applicability were not opened.

For small-estate procedures in other states, see the Small Estate Affidavits by State directory. For the questions each state's procedure answers, see Small Estate Affidavit Questions.

Source

Sources: Louisiana Code of Civil Procedure article 3421, current Law page on legis.la.gov read in full 2026-11-02, history line through Acts 2024, No. 90 and Acts 2026, No. 293; articles 3431, 3432, 3432.1, 3433, and 3434 on legis.la.gov read in full 2026-11-01; Acts 2024, No. 90 (SB 32) and Acts 2026, No. 293 (HB 215) enrolled texts read in full 2026-11-01. Facts verified 2026-11-01 and 2026-11-02. Open flags: (1) Act 293 effective date and transition are unopened, and no applicability to earlier deaths is stated; (2) articles 3422, 3422.1, and 3443 were not opened, so no costs figure or sale procedure is stated; (3) the Department of Revenue lane and form R-3318 are unverified on any Revenue source; (4) parish recordation practice, including fees and any death certificate practice, was not opened; (5) Office of Motor Vehicles fees were not opened at primary level; (6) Civil Code article 1416 on successor liability was not opened; (7) any surviving value sub-cap for immovable property in Title V was not opened; (8) no venue rule for the affidavit itself was found in the articles read.

This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to the Louisiana court or a lawyer.