Dealing with the loss of a loved one is never easy, and navigating the legal process that follows can feel overwhelming. Fortunately, Louisiana law provides a streamlined procedure for managing smaller estates, referred to as a small succession affidavit. This tool can help surviving family members avoid formal probate and transfer property quickly and affordably—if they meet certain requirements.
If you’re wondering whether you qualify or how the process works, here’s a clear overview of what you need to know.
What Is a Small Succession Affidavit?
In Louisiana, a small succession is a legal method that allows heirs to claim a deceased person’s property without having to open a full succession (probate) proceeding. Instead, qualifying heirs can use a small succession affidavit—a sworn statement that identifies the heirs and describes the estate’s assets—to transfer property more quickly.
This affidavit is especially useful for families handling modest estates or when the decedent did not leave a Last Will and Testament.
Requirements for Using a Small Succession Affidavit
To use a small succession affidavit in Louisiana, several legal conditions must be met, including the following:
- The Value of the Estate Must Be Under $125,000
The total value of the decedent’s estate (real and personal property) must not exceed $125,000 at the time of death. If more time has passed and the decedent died more than 20 years ago, this monetary cap may no longer apply. - The Decedent Must Have Died in Louisiana, or Owned Property in Louisiana
The decedent must have died while domiciled in Louisiana, or, if domiciled elsewhere, must have left property in Louisiana. - The Decedent Did Not Have a Will (in most cases)
Small succession affidavits are typically used when the decedent died intestate—meaning without a valid will. However, under certain circumstances, an affidavit may still be used when there is a will, such as if the heirs agree and the estate qualifies. - The Affidavit Must Be Signed by the Right People
The affidavit must be signed by:- All heirs or legatees (those who inherit under the law or the will)
- Two people having knowledge of the facts (often the heirs themselves or close family friends)
- A surviving spouse, if applicable
- The Affidavit Must Include Specific Information
The document must clearly state:- The decedent’s name and date of death
- That the decedent died intestate (or specifics about the will)
- A list of known heirs and their relationship to the decedent
- A detailed description of the assets and their values
- A statement that the estate meets the small succession requirements
Benefits of Using a Small Succession Affidavit
The small succession affidavit process can save families time, money, and court involvement. It is especially helpful for transferring:
- Bank accounts
- Vehicles
- Real estate
- Unclaimed property
Once completed and properly notarized, the affidavit can be filed with the appropriate court or presented directly to banks, the Department of Motor Vehicles (DMV), or other relevant agencies to facilitate the transfer of assets.
Get Help Navigating the Process
While the small succession affidavit process is simpler than traditional probate, it’s still a legal document that must be completed with care. Mistakes can delay transfers or even lead to disputes among heirs. At Losavio & DeJean, LLC, our experienced estate attorneys can help you determine whether you qualify and guide you through every step to ensure your loved one’s estate is handled smoothly and legally.
Contact Losavio & DeJean, LLC Today
If you’ve recently lost a loved one and believe a small succession affidavit might apply, don’t wait. Contact our team for a complimentary consultation. We’re here to help you navigate Louisiana’s estate laws with compassion, clarity, and confidence.
Call us today at 844.431.5334 or visit our Baton Rouge office to get started.