Louisiana Small Succession: The $200,000 Limit, Affidavit, Cost and Timeline
A Louisiana small succession is the succession of a person who died domiciled in Louisiana leaving property with a gross value of $200,000 or less, valued as of the date of death. Act 293 of the 2026 Regular Session raised the Louisiana small succession limit from $125,000 to $200,000, effective August 1, 2026. Many Louisiana small successions transfer property with a sworn small succession affidavit instead of a court proceeding. Greenwald Law Firm prepares small succession affidavits and judicial small successions for families in Shreveport and Caddo Parish.
What is a small succession in Louisiana?
Louisiana Code of Civil Procedure article 3421 defines three kinds of Louisiana small succession. A succession that fits any one of the three qualifies.
| Situation | Value limit |
|---|---|
| Person who died domiciled in Louisiana | $200,000 gross value or less |
| Person who died domiciled outside Louisiana, leaving property in Louisiana (ancillary succession) | $125,000 gross value or less |
| Person who died at least 20 years before the small succession affidavit is signed | No limit — any value |
What is the Louisiana small succession limit in 2026?
The Louisiana small succession limit is $200,000 for a person who died domiciled in Louisiana. Act 293 of 2026 raised the limit from $125,000, effective August 1, 2026. The $200,000 limit is measured in gross value as of the date of death — debts and mortgages are not subtracted, so a $180,000 house with a $120,000 mortgage counts as $180,000.
Act 293 did not change the ancillary limit. The Louisiana small succession limit for a person who died domiciled in another state remains $125,000 for property located in Louisiana.
Property that passes outside the succession does not count toward the Louisiana small succession limit. Life insurance and retirement accounts with a named beneficiary and payable-on-death accounts transfer directly to the named person.
For the full list of assets that do and do not require a succession, see when a succession is required in Louisiana.
When can you use a small succession affidavit instead of going to court in Louisiana?
A Louisiana small succession affidavit replaces a court proceeding only in the situations listed in La. C.C.P. art. 3431. A small succession outside those situations still qualifies for reduced court costs but must be opened in court.
| Situation | Affidavit available? |
|---|---|
| Louisiana resident, no will | Yes |
| Louisiana resident with a will, no Louisiana real estate, and the surviving spouse and all heirs and legatees agree to waive probate | Yes |
| Louisiana resident with a will who owned Louisiana real estate | No — a judicial small succession is required |
| Non-resident with no will, or whose will was probated by another state's court | Yes, up to $125,000 of Louisiana property |
Who signs a Louisiana small succession affidavit?
The signers of a Louisiana small succession affidavit depend on whether the deceased left a will.
- No will (art. 3432): at least two people sign, including the surviving spouse, if any, and one or more heirs.
- Will, Louisiana resident (art. 3432.1): all of the heirs and legatees sign, including the surviving spouse, if any.
An heir who does not sign a Louisiana small succession affidavit must either be impossible to locate after reasonable diligence, or have received 30 days’ notice by U.S. mail of the intent to sign the affidavit and not objected.
What does a Louisiana small succession affidavit include?
A Louisiana small succession affidavit is sworn before a notary and must state:
- the date of death and the deceased’s domicile at death
- whether the deceased died with or without a will
- the deceased’s marital status, last residence, and the surviving spouse’s name and address
- the names, addresses, and relationships of the heirs
- a description of each asset, whether it is community or separate property, and a legal description sufficient to transfer any real estate
- the value of each asset and the total value at the date of death
- each heir’s share and whether a surviving spouse’s usufruct applies
- an affirmation that each signing heir accepts the succession, sworn under penalty of perjury
How much does a small succession cost in Louisiana?
A Louisiana small succession affidavit is the least expensive way to transfer a deceased person’s property in Louisiana, because the affidavit avoids court filing fees entirely. A Louisiana small succession that must go through court still costs less: La. C.C.P. art. 3422 sets court costs at one-half of the costs in a similar succession that is not small.
For the full breakdown of Louisiana succession costs, including Caddo Parish court costs, see how much a succession costs in Louisiana.
| Cost | Small succession affidavit | Judicial small succession |
|---|---|---|
| Attorney fee at Greenwald Law Firm | Flat fee, generally $2,500 – $5,500, including court costs, set at the start of the matter | |
| Court costs | None — no court filing | One-half of regular succession costs (art. 3422) |
| Recording fees | Parish recording fee if real estate is transferred | Parish recording fee if real estate is transferred |
| Succession representative compensation | Not applicable | Capped at 5% of gross assets (art. 3422) |
| Certified death certificates | Required | Required |
Greenwald Law Firm charges a flat fee for successions, generally between $2,500 and $5,500 depending on the estate. The flat fee includes court costs and is set at the start of the matter, so the family knows the cost before any work begins.
For the full breakdown of Louisiana succession costs, including Caddo Parish court costs, see how much a succession costs in Louisiana.
How long does a small succession take in Louisiana?
A Louisiana small succession affidavit can often be completed in one to four weeks once the documents are gathered. Two steps set the timeline: notice to any heir who will not sign, which requires 30 days by U.S. mail, and recording the affidavit when the estate includes real estate.
Louisiana law sets no waiting period for a small succession affidavit. Heirs do not have to wait 45 or 90 days after the date of death before signing or recording a Louisiana small succession affidavit.
Where is a small succession affidavit recorded in Shreveport?
A Louisiana small succession affidavit is not filed with a court. When the estate includes real estate, a multiple original or certified copy of the affidavit and its required attachments must be recorded in the conveyance records of the parish where the real estate is located (La. C.C.P. art. 3434). For Shreveport real estate, that is the Caddo Parish Clerk of Court; for Bossier City real estate, the Bossier Parish Clerk of Court.
For bank accounts, vehicles, and other movable property, the heirs present the completed small succession affidavit to the bank, agency, or company holding the property. Louisiana law treats a properly completed affidavit as authority to release the property to the heirs named in it.
When does a small succession still need a lawyer?
A Louisiana small succession affidavit is the one succession procedure some families complete without an attorney, but errors get affidavits rejected by banks, title companies, and the Office of Motor Vehicles. A Louisiana small succession typically needs a lawyer when:
- the deceased left a will and owned Louisiana real estate, which requires a judicial small succession
- an heir cannot be located or objects to the affidavit
- the estate value is close to the $200,000 limit
- a title company must accept the affidavit for a later sale of the house
Greenwald Law Firm prepares small succession affidavits and handles judicial small successions in Shreveport and Caddo Parish. Talk to a Shreveport succession lawyer →
For the full Louisiana succession process, see the Louisiana Succession Guide.
Reviewed by Joseph W. Greenwald, Jr., attorney at Greenwald Law Firm, practicing law in Louisiana since 1998 (Louisiana State Bar Association #25402). Last updated Sept. 28, 2026
This page provides general information about Louisiana small successions and is not legal advice. Fees and timelines vary by case and parish. For advice about a specific succession, consult a licensed Louisiana attorney.
Attorney Joseph W. Greenwald, Jr. has practiced law in Louisiana since 1998. If you have questions regarding successions or would like to schedule a consultation, please contact Greenwald Law Firm at 318-219-7867.