What Qualifies for Louisiana's Small Succession Affidavit?
Louisiana's Small Succession Affidavit applies when the estate's value falls 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 — compare your own total against it before assuming either way. This is informational only — we don't determine your eligibility for you.
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The statutory line, exactly
Louisiana's Small Succession Affidavit applies when the estate, measured the way the statute measures it, is at or under $200,000, under La. Code Civ. Proc. arts. 3421, 3431, 3432, 3432.1, 3433, 3434 (Small Successions). That figure specifically means: Louisiana property, valued as of the date of death. This is a statutory line, not a judgment call — the clerk or asset holder either sees your total under the cap or they don't.
The mistakes that actually sink an otherwise-eligible estate
5 reasons account for most of the rejections Louisiana families run into — cited to the specific La. Code Civ. Proc. arts. 3421, 3431, 3432, 3432.1, 3433, 3434 (Small Successions) section behind each one, not general advice:
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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
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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)
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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)
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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)
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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
Once you've confirmed the estate qualifies, the next question is the actual filing sequence — see how to file Small Succession Affidavit in Louisiana, step by step.
Once you know the estate qualifies, this is what trips families up next
Not the eligibility math — presenting the approved filing to an asset holder who's never seen one before. 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.