How to Avoid Probate in Louisiana
The legal ways to pass property outside probate in Louisiana: transfer-on-death deeds, payable-on-death accounts, trusts, joint ownership and small estates.
Short answer: Options include: bank accounts titled 'payable on death to,' 'in trust for' or 'as trustee for' named beneficiaries, which the bank may pay on a death certificate (La. R.S. 6:314); an inter vivos trust (La. R.S. 9:1752); La. R.S. 6:314, 9:1752; La. Code Civ. Proc. art. 3421
| Ways to avoid probate | Options include: bank accounts titled 'payable on death to,' 'in trust for' or 'as trustee for' named beneficiaries, which the bank may pay on a death certificate (La. R.S. 6:314); an inter vivos trust (La. R.S. 9:1752); and, for qualifying small successions, the small succession affidavit, with no court proceeding (La. Code Civ. Proc. art. 3421 and following). |
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| Small estate affidavit | A 'small succession' is the estate of a Louisiana resident whose property had a gross value of $200,000 or less at death (for a non-resident, Louisiana property of $125,000 or less), or of a person who died at least 20 years before the affidavit, regardless of value. No court proceeding is needed if the person died without a will; if there was a will and no Louisiana real estate, the spouse and all heirs and legatees must agree to waive probate. At least two people (including the surviving spouse, if any, and one or more heirs) sign a sworn affidavit listing the heirs, the property (real estate described well enough to transfer), its value, and each heir's share. Heirs who do not sign must be unlocatable or have received 30 days' mailed notice without objecting. Banks and others may pay or deliver property on the affidavit. Real estate is allowed: the affidavit must be recorded in the conveyance records of the parish where the property is located. No waiting period is set. The resident limit was raised to $200,000 by Acts 2026, No. 293 (it had been $125,000). Related articles: https://legis.la.gov/legis/Law.aspx?d=111767, https://legis.la.gov/legis/Law.aspx?d=111768, https://legis.la.gov/legis/Law.aspx?d=111770. |
More Louisiana estate law
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- Small Estate Affidavit in Louisiana
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- Quitclaim Deeds and Transferring Property in Louisiana
- Who Inherits If You Die Without a Will in Louisiana
- How to Make a Valid Will in Louisiana
- How Probate Works in Louisiana
- Living Wills and Advance Directives in Louisiana
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- Letters Testamentary in Louisiana
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- All Louisiana wills, probate and estate rules
FAQ
How can you avoid probate in Louisiana?
Options include: bank accounts titled 'payable on death to,' 'in trust for' or 'as trustee for' named beneficiaries, which the bank may pay on a death certificate (La. R.S. 6:314); an inter vivos trust (La. R.S. 9:1752); and, for qualifying small successions, the small succession affidavit, with no court proceeding (La. Code Civ. Proc. art. 3421 and following).
What is the small estate limit in Louisiana?
A 'small succession' is the estate of a Louisiana resident whose property had a gross value of $200,000 or less at death (for a non-resident, Louisiana property of $125,000 or less), or of a person who died at least 20 years before the affidavit, regardless of value. No court proceeding is needed if the person died without a will; if there was a will and no Louisiana real estate, the spouse and all heirs and legatees must agree to waive probate. At least two people (including the surviving spouse, if any, and one or more heirs) sign a sworn affidavit listing the heirs, the property (real estate described well enough to transfer), its value, and each heir's share. Heirs who do not sign must be unlocatable or have received 30 days' mailed notice without objecting. Banks and others may pay or deliver property on the affidavit. Real estate is allowed: the affidavit must be recorded in the conveyance records of the parish where the property is located. No waiting period is set.
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.