Small Succession Affidavit vs. Full Probate in Louisiana: Which Applies?
Small Succession Affidavit is a narrower, faster alternative to full probate in Louisiana — available only when the estate meets La. Code Civ. Proc. arts. 3421, 3431, 3432, 3432.1, 3433, 3434 (Small Successions)'s conditions (at or under $200,000 (Louisiana property, valued as of the date of death)). Once an estate falls outside those conditions, full probate is what applies instead. This is informational only and is not legal advice.
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What makes Small Succession Affidavit different from full probate
Small Succession Affidavit is a narrower, faster alternative to full probate in Louisiana — available only when the estate meets La. Code Civ. Proc. arts. 3421, 3431, 3432, 3432.1, 3433, 3434 (Small Successions)'s specific conditions (non-exempt property at or under $200,000 (Louisiana property, valued as of the date of death)). Full probate has no such ceiling and no comparable shortcut; it's the default process every estate falls back into once it doesn't meet a narrower mechanism's conditions.
When an estate is pushed into full probate instead
- The estate exceeds the $200,000 (Louisiana property, valued as of the date of death) cap. Even one dollar over the statutory line under La. Code Civ. Proc. arts. 3421, 3431, 3432, 3432.1, 3433, 3434 (Small Successions) disqualifies small succession affidavit entirely — there's no partial or reduced-scope version of this mechanism for an estate just over the ceiling.
- 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.
- 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.
Why it's worth checking first: full probate is slower and typically far more expensive than small succession affidavit — a probate attorney typically charges $1,500–$4,200 for the more limited process this guide covers, and full probate usually costs more and takes longer on top of that. Confirm eligibility before assuming you need the bigger process — see what qualifies for Small Succession Affidavit in Louisiana.
Once you know which path applies, here's the next snag
Whichever mechanism fits, presenting it to the asset holder is where families lose time. Free one-pager: what to bring and say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop.