Louisiana Small Succession Affidavit Checklist: How to File, Step by Step

Louisiana does not publish a fill-in form for Small Succession Affidavit — La. Code Civ. Proc. arts. 3421, 3431, 3432, 3432.1, 3433, 3434 (Small Successions) instead sets out what a compliant filing must contain. Here is the full sequence, with the statutory fact behind each step.

1. 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. 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. 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. 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. 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. 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. 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.

What Louisiana requires instead of a fill-in form

Louisiana does not publish a fill-in small succession affidavit form. That means the requirements above — read directly against La. Code Civ. Proc. arts. 3421, 3431, 3432, 3432.1, 3433, 3434 (Small Successions) — are what a compliant filing has to satisfy, whether you prepare it yourself where permitted or bring it to an attorney to draft.

The step that isn't really paperwork

Presenting it to the bank, DMV, or title company is where families actually lose time — most front-line staff have never processed this kind of filing before. Free one-pager: what to bring and what to say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop. No ongoing newsletter.

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