Louisiana Small Estate Affidavit Limit (2026)
In Louisiana, estates valued at or below $125,000 can bypass formal probate court proceedings under Small Succession by Affidavit (La. Code Civ. Proc. art. 3431). Use the interactive calculator below to evaluate whether your estate qualifies.
In Louisiana: Estates with qualifying probate assets valued at or below $125,000 can bypass formal probate court proceedings under La. Code Civ. Proc. art. 3431 (Small Succession by Affidavit). Heirs must observe a mandatory statutory waiting period of no statutory delay before executing the affidavit. Real property transfer is permitted under summary affidavit procedures.
Louisiana Small Estate Affidavit Eligibility Checker
Statutory Threshold: $125,000 under La. Code Civ. Proc. art. 3431
1. Probate Assets Valuation
Enter the gross fair market value of assets titled solely in the decedent’s name with no designated beneficiary.
2. Exempt Non-Probate Exclusions
Assets that pass automatically by contract or operation of law bypass probate and are 100% EXCLUDED from the statutory limit.
Qualifies for Louisiana Small Estate Procedure
Small Succession by AffidavitLegal Analysis: The decedent’s probate-subject assets total $45,000, which is under the $125,000 statutory maximum established by La. Code Civ. Proc. art. 3431. Heirs can bypass formal court administration.
📋 Next Statutory Steps for Louisiana:
- Required Form: Small Succession Affidavit (Affidavit of Death and Heirship).
- Waiting Requirement: Wait 0 days after the decedent’s date of death before presenting or filing.
- Documentation: Attach certified death certificate and proof of decedent’s sole ownership.
- Notarization: Must be signed under penalty of perjury in the presence of a licensed Notary Public.
- Presentation: Present certified copies directly to asset holders (e.g. Chase, Wells Fargo, brokerage firms) without open probate.
STATUTORY PROBATE EXEMPTION AUDIT DOSSIER & SMALL ESTATE EVALUATION
JURISDICTION: STATE OF LOUISIANA · SMALL SUCCESSION BY AFFIDAVIT (La. Code Civ. Proc. art. 3431)
Generated: 11/2/2026
Pursuant to La. Code Civ. Proc. art. 3431, the decedent's probate-subject estate of $45,000 is beneath the statutory maximum of $125,000. Rightful distributees may collect assets directly via Form: Small Succession Affidavit (Affidavit of Death and Heirship) without formal probate proceedings.
1. Statutory Asset & Liability Valuation
| Sole Personal Property, Bank Accounts & Vehicles: | $45,000 |
| Countable Net Real Estate Equity: | $0 |
| Gross Probate-Subject Estate: | $45,000 |
| Louisiana Small Estate Statutory Cap: | $125,000 |
| Excluded Non-Probate Assets (Trusts, TOD, Survivorship): | $75,000 |
| Deductible Funeral & Final Medical Expenses: | -$5,000 |
2. Statutory Conditions & Mandatory Requirements
No statutory waiting period; immediate execution permitted.
Instrument: Small Succession Affidavit (Affidavit of Death and Heirship)
Court: District Court / Parish Clerk of Court
Affiant / Successor Signature:
Full Printed Name / Executed Under Penalty of Perjury
Notary Public Acknowledgment:
State Seal, Commission Expiration & Date
Louisiana Statutory Small Estate Rules & Qualifications
⚖ Key Legal Parameters
- Maximum Estate Value:
- $125,000
- Mandatory Waiting Period:
- No waiting period
- Real Property Included:
- Yes (Specific terms apply)
- Governing Statute:
- La. Code Civ. Proc. art. 3431
- Judicial Venue:
- District Court / Parish Clerk of Court
📑 Required Documentation & Procedure
Affidavit signed by two heirs (or surviving spouse + one heir) and recorded in parish conveyance records.
Real Estate Transfer Rules in Louisiana
Real property permitted. If decedent died more than 20 years ago, there is no monetary ceiling.
Exclusions: Excludes community property share of surviving spouse.
How to File a Small Estate Affidavit in Louisiana
- Check the Asset Total: Calculate all personal property solely titled in the decedent’s name. Subtract outstanding secured debt and statutory funeral deductions. Confirm that the final total does not exceed $125,000.
- Verify Beneficiary Designations: Ensure you are not counting assets that pass directly by contract, such as life insurance policies, 401(k) accounts, or bank accounts designated as Payable-on-Death (POD).
- Wait the Required Time: In Louisiana, you must wait until official death records are issued prior to presenting the affidavit to any institution.
- Complete the Small Succession Affidavit (Affidavit of Death and Heirship): Draft the document, listing every financial institution, account number, and exact dollar balance.
- Notarize Under Oath: All rightful distributees or the designated representative must sign before a licensed notary public under penalty of perjury.
- Present to Custodians: Deliver the notarized affidavit alongside a certified copy of the death certificate to banks, DMVs, or asset holders to claim and distribute funds.
Frequently Asked Questions About Louisiana Small Estates
What is the small estate limit in Louisiana for 2026?
Under La. Code Civ. Proc. art. 3431 (Small Succession by Affidavit), the 2026 small estate threshold in Louisiana is $125,000. Estates with gross probate assets at or below this value qualify for expedited transfer without formal court probate.
How long do you have to wait after death to file a small estate affidavit in Louisiana?
Under Louisiana probate statutes, there is no mandatory waiting period; the summary settlement petition or affidavit can be executed immediately following death once required death certificates are available.
Can real estate be transferred with a small estate affidavit in Louisiana?
Yes, Louisiana permits real estate transfers under specific statutory conditions: Real property permitted. If decedent died more than 20 years ago, there is no monetary ceiling.
What form is required for a small estate in Louisiana?
The required official legal instrument is the Small Succession Affidavit (Affidavit of Death and Heirship), which must be signed under oath in the presence of a notary public and presented to asset holders or filed with the District Court / Parish Clerk of Court.
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