Affidavit of Heirship in Louisiana
Whether Louisiana lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: Yes, for small successions. When the estate qualifies as a small succession, at least two people (including the surviving spouse, if any, and one or more heirs) sign a sworn affidavit naming the heirs, describing the property (real estate described well enough to transfer), its value and… La. Code Civ. Proc. arts. 3421, 3432, 3434
| Affidavit / determination of heirship | Yes, for small successions. When the estate qualifies as a small succession, at least two people (including the surviving spouse, if any, and one or more heirs) sign a sworn affidavit naming the heirs, describing the property (real estate described well enough to transfer), its value and each heir's share. For real estate, the affidavit is recorded in the conveyance records of the parish where the property is located. Larger estates require a court judgment of possession. A small succession is one with gross Louisiana property of $200,000 or less for a resident ($125,000 for a non-resident), or where the death was at least 20 years earlier. |
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| Who inherits without a will | Louisiana is a community property state and treats community and separate property differently. Community property: if the deceased left descendants, they inherit the deceased's half, subject to the surviving spouse's usufruct (a right to use it and its income) until the spouse dies or remarries; with no descendants, the surviving spouse takes the deceased's half. Separate property: descendants inherit first, in equal shares (by family branch when representing a deceased parent). With no descendants, brothers and sisters (or their descendants) inherit, subject to a usufruct for any surviving parents; if there are no siblings, the parents inherit; if there are no parents, the siblings take outright. The surviving spouse inherits separate property only if there are no descendants, parents, or siblings (or their descendants) and the spouse was not judicially separated. Related articles: art. 888 https://legis.la.gov/legis/Law.aspx?d=111039; art. 889 https://legis.la.gov/legis/Law.aspx?d=111040; art. 891 https://legis.la.gov/legis/Law.aspx?d=111043; art. 892 https://legis.la.gov/legis/Law.aspx?d=111044; art. 894 https://legis.la.gov/legis/Law.aspx?d=111046. |
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FAQ
Does Louisiana have an affidavit of heirship?
Yes, for small successions. When the estate qualifies as a small succession, at least two people (including the surviving spouse, if any, and one or more heirs) sign a sworn affidavit naming the heirs, describing the property (real estate described well enough to transfer), its value and each heir's share. For real estate, the affidavit is recorded in the conveyance records of the parish where the property is located. Larger estates require a court judgment of possession.
Who inherits if someone dies without a will in Louisiana?
Louisiana is a community property state and treats community and separate property differently. Community property: if the deceased left descendants, they inherit the deceased's half, subject to the surviving spouse's usufruct (a right to use it and its income) until the spouse dies or remarries; with no descendants, the surviving spouse takes the deceased's half. Separate property: descendants inherit first, in equal shares (by family branch when representing a deceased parent). With no descendants, brothers and sisters (or their descendants) inherit, subject to a usufruct for any surviving parents; if there are no siblings, the parents inherit; if there are no parents, the siblings take outright. The surviving spouse inherits separate property only if there are no descendants, parents, or siblings (or their descendants) and the spouse was not judicially separated.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.