Small Estate Affidavit 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.

Heirs can be 'sent into possession' without a formal administration. With no will, all heirs may file an ex parte petition if all are competent, accept the succession, and the succession is relatively free of debt (only administration expenses, mortgages not in arrears, and small debts). With a probated will, all general and universal legatees may petition to be sent into possession if each accepts and no creditor has demanded administration. Small successions may also use the affidavit procedure, or a court proceeding at half the usual court costs.

Creditors submit written claims to the succession representative, who must accept or reject each claim within 30 days; no answer within 30 days counts as a rejection. A creditor may sue to enforce a claim only after it is rejected. Louisiana's succession articles do not set a single claims deadline running from a published notice, as many other states do.