If a bank told you an account is frozen and didn't explain what that actually means, you're not stuck, and
you're not the only one this has happened to. A probate attorney would typically charge $1,500–$4,200 to walk you through exactly what Louisiana law
already lets you do yourself. This guide is $37,
one-time, and covers the same ground — the eligibility rule, the official form, and what to say if a bank or
clerk pushes back.
When a Louisiana-domiciled decedent's property is worth $200,000 or less (or the decedent died at least 20 years ago, at any value), Louisiana's Small Succession Affidavit — a Code of Civil Procedure mechanism, not a Probate Code one, since Louisiana is the one U.S. state with a civil-law succession system — lets heirs collect the estate's assets with a notarized affidavit instead of opening a full succession in court. A will can still qualify, but only if the decedent owned no Louisiana real estate at all. This is informational only, written by researchers, not attorneys.
Last reviewed
Why this guide exists
The state's own form is usually clear about the fields and silent about the process. Families commonly report
a bank branch insisting on court-issued Letters of Administration that the small estate statute doesn't
actually require, and each extra trip lands in the same weeks as the funeral. Closing that gap — between a
downloaded form and an asset holder who actually releases the property — is the whole reason this
guide exists. Written under the pen name James Whitfield; not an attorney.
Built on the statutory requirements, not a guess
Every claim cited to La. Code Civ. Proc. arts. 3421, 3431, 3432, 3432.1, 3433, 3434 (Small Successions)
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Why timing matters: Contrary to what several competitor pages claim, Louisiana's small succession affidavit has no statutory waiting period after death — checked directly against the governing Code of Civil Procedure articles, which specify no such wait. The real time-sensitive issue is different: Louisiana's small-succession threshold just rose from $125,000 to $200,000 (effective 8/1/2026), and a will combined with any Louisiana real estate rules the mechanism out entirely — two facts worth confirming immediately, rather than assuming a waiting period is the only thing standing between a family and their affidavit. Miss the window and the estate is generally pushed into full probate instead — a probate attorney typically charges $1,500–$4,200 for work this guide is built to help you avoid.
The Louisiana $200,000 Small Succession Affidavit cap
Filing Small Succession Affidavit in Louisiana starts with one number — the statutory cap. The estate, measured the way the statute measures it, has
to be at or under $200,000 (Louisiana property, valued as of the date of death), under La. Code Civ. Proc. arts. 3421, 3431, 3432, 3432.1, 3433, 3434 (Small Successions). This is a
statutory line, not a judgment call — the court or asset holder either sees the total under the cap or they
don't.
Small Succession Affidavit is presented directly to the asset holder — no court filing required. Louisiana does not publish a fill-in form for this mechanism — see the how-to-file guide below for what the statute requires instead.
How to file, step by step
1
Confirm which eligibility path applies
If the decedent died without a will (intestate), Louisiana real estate can be included and the cap is $200,000 for a Louisiana-domiciled decedent ($125,000 if domiciled elsewhere). If the decedent left a will, the small succession affidavit is only available if they owned no Louisiana immovable property at all, and every heir and legatee agrees to waive formal probate. A decedent who died 20+ years ago qualifies at any value, no cap.
2
Gather the required facts and documents
A certified death certificate, the names and addresses of every heir and legatee, a description and date-of-death value for each asset (and, for real estate, a legal description sufficient to identify it), and — for a testate estate — a copy of the will.
3
Prepare the affidavit to meet the statute's content requirements
Louisiana has no single mandatory state form; the affidavit must include everything Code of Civil Procedure art. 3432 (intestate) or art. 3432.1 (testate) requires — domicile and date of death, marital status, heir/legatee information, property description and values, each heir's fractional interest, and a sworn acceptance of the succession. LouisianaLawHelp.org publishes a downloadable template built to these requirements.
4
Sign before a notary — at least two people
The affidavit must be executed by at least two people: the surviving spouse (if any) plus one or more heirs or legatees, or two people with actual knowledge of the facts if there's only one heir and no spouse. Sign before a notary or other officer authorized to administer oaths.
5
Notify any heir who didn't sign
Any heir or legatee who isn't a signer must either be located and asked to sign, or sent 30 days' written notice by U.S. mail of the affiants' intent to execute the affidavit. If they don't object within that window, the affidavit can proceed without their signature.
6
Record the affidavit if real estate is involved
If the affidavit includes Louisiana immovable property, record a multiple original or certified copy — with a certified copy of the death certificate attached — in the conveyance records of every parish where that property is located.
7
Present the affidavit to banks and other holders
A multiple original or certified copy of the affidavit is full legal authority for any bank, financial institution, trust company, or other holder of the decedent's property to pay or deliver it to the heirs and legatees named, discharging that holder from further liability once it does.
Louisiana is the only U.S. state with a civil-law succession system rather than common-law probate
— there is no “estate,” there is a succession, and the people who inherit are “heirs” (if there
is no will) or “legatees” (if there is). The Small Succession Affidavit (Louisiana Code of Civil
Procedure arts. 3421, 3431-3434) lets a Louisiana-domiciled decedent’s heirs or legatees collect the
estate’s property with a notarized affidavit instead of opening a full judicial succession, when the
property’s gross value is $200,000 or less — or, separately, at any value at all if the decedent died
20 or more years before the affidavit is executed.
A will doesn’t automatically rule this out, but it changes the rules: an intestate estate can include
Louisiana real estate in the affidavit, while a testate estate can only use this process if the
decedent owned no Louisiana immovable property at all, and every heir and legatee agrees to waive
formal probate. Getting this fork right is the single most important eligibility question for a
Louisiana family before assuming the affidavit applies.
This page is informational only. It is not legal advice, and it does not draft, file, or
individualize any affidavit. For advice on a specific succession, consult a licensed Louisiana
attorney.
What it actually looks like
Sample pages from the guide
Real pages from the Louisiana guide PDF. Click any page to enlarge.
Print-friendly, readable on a phone or tablet, and designed to be taken to the bank or clerk. Every operational
claim cites the actual statute or official publication.
Louisiana doesn't publish a fill-in form for this mechanism, so an attorney drafts the filing either way. The
$37 is for the guide — the requirements checklist and everything around it — that turns the attorney's
job into drafting alone, instead of research-and-drafting on your bill.
This guide
Attorney alone (no prep)
DIY research, no guide
Doing nothing
Cost
$37 + attorney's drafting fee
$1,500–4,200 (research + drafting)
$0 upfront — real risk of a rejected filing
Eventually full probate, if the estate is never settled
Time to filed
Faster — drafting only
2–6 weeks (research + drafting)
Unpredictable
Not until you act
Bank/DMV/clerk pushback script
Yes
Sometimes
No
n/a
Statute citations
Yes
n/a
If you find them yourself
n/a
Delivery time
Instant (guide); attorney schedules separately
After consult + retainer
Instant, but unverified
n/a
Attorney costs reflect typical Louisiana probate-attorney retainers for this kind of filing.
The most-searched sticking point
What to do when a bank, DMV, or clerk pushes back
A facially valid filing still gets rejected on the first try more often than it should — usually because front-line staff have never processed one before, not because anything is actually wrong. This is the single biggest gap in every free state resource: none of them tell you what to actually say. The guide's Section 5 gives you the exact script and citation for each of these:
Bank, credit union, or other property holder refuses to honor the affidavit
Family has a will and also owns a house in Louisiana
Family is told they must wait 45 or 90 days before filing
Title company won't insure a sale of inherited Louisiana real estate
Each one has a specific script and statutory citation behind it — not just "you're right, they're wrong," but
exactly what to say and what document to hand over. That's in the guide.
If a bank, DMV, title company, or court clerk rejects your filing for a reason traceable to following this
guide, you get a full refund.
Email the stated rejection reason to support@estateaffidavitguide.com within 30 days of
purchase and we refund the full purchase price within one business day. No phone tag, no forms, no fight.
Not covered: an estate that turns out to be over the dollar limit, a dispute among heirs, or a missing document
unrelated to the filing itself. Changed your mind for any other reason? You have 7 days, no questions asked.
Full refund policy.
Avoid these
5 common reasons filings get rejected
▸ Estate's gross value exceeds the applicable cap
A Louisiana-domiciled decedent's property must total $200,000 or less as of the date of death (effective 8/1/2026; previously $125,000). A non-resident decedent's Louisiana property is capped separately at $125,000. Either cap is waived entirely if the decedent died at least 20 years before the affidavit is executed. — La. Code Civ. Proc. art. 3421
▸ Decedent died testate and owned Louisiana immovable property
A testate Louisiana estate can only use the small succession affidavit if the decedent owned no immovable property in Louisiana at all, and the surviving spouse plus every heir and legatee agree to waive formal probate. A will combined with any Louisiana real estate makes this mechanism unavailable, regardless of total value. — La. Code Civ. Proc. art. 3431(A)
▸ Fewer than two people sign the affidavit
The affidavit requires at least two signers — the surviving spouse (if any) plus one or more heirs or legatees. If there is only one heir and no surviving spouse, a second person with actual personal knowledge of the facts may sign instead. — La. Code Civ. Proc. art. 3432(A)
▸ A non-signing heir wasn't properly notified
Any heir or legatee who doesn't sign the affidavit must either be located after diligent effort, or given 30 days' written notice by U.S. mail of the affiants' intent to execute the affidavit, without objecting. — La. Code Civ. Proc. art. 3432(A)
▸ A full succession has already been opened for the same decedent
The small succession affidavit is an alternative to opening a judicial succession, not something used alongside one already underway. — La. Code Civ. Proc. art. 3431
Before you present the Louisiana Small Succession Affidavit
Most rejected-on-the-first-try filings are a front-line-staff problem, not an eligibility problem. This free one-pager has what to bring and what to say the first time you hand it to a bank, DMV, or clerk — emailed now. We'll also send a few short follow-ups over the next few weeks (why most pushback is unfamiliarity not law, the exact citation to point to, when to call an attorney) — then we stop. No ongoing newsletter.
Ready to start?
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Money-back if your filing is rejected for a reason traceable to following the guide, or for any other
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No waiting room, no retainer. Most of the
remaining delay families hit is an avoidable rejection or a second trip back to the same bank, DMV, or clerk —
this guide is built to help you avoid both on the first visit.
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5 short, plain-English emails over the following weeks — the eligibility math, the small succession affidavit presentation moment, why most rejections are paperwork not eligibility, and when to call an attorney instead. Then we stop. No ongoing newsletter, no sales list. Unsubscribe anytime.
Primary sources
State sources
▸
Every claim here cites the actual statute or an official publication — see them
What to bring and what to say the first time you hand a Louisiana Small Succession Affidavit to a bank, DMV, or clerk — emailed now, plus a few short follow-ups over the next few weeks, then we stop. No ongoing newsletter.
Free checklist
Before you present the Louisiana Small Succession Affidavit
What to bring and what to say the first time you hand it to a bank, DMV, or clerk — so unfamiliarity on their end doesn't turn one trip into two. Emailed now, plus a few short follow-ups over the next few weeks, then we stop. No ongoing newsletter.
