Aggregate (personal + real)
$125,000
statutory cap
No mandatory wait
Gross estate at time of death. Alternative: decedent deceased >20 years (no $ limit).
LA · District Court (Succession)
Louisiana
Small-estate-affidavit threshold and procedure under § La. C.C.P. art. 3431.
Verified 2026-05-04
01
Who is eligible to file
Louisiana follows civil-code succession terminology. Eligibility tracks the heirs of the succession:
- Surviving spouse in community
- Forced heirs and other descendants
- Ascendants (parents) where no descendants survive
- Collateral relatives in the order set by the Civil Code
- The named executor under a testament, where one exists
02
What counts toward the threshold
The threshold counts only assets that pass through probate. The following do not count against the cap:
Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.
State note: Gross estate at time of death. Alternative: decedent deceased >20 years (no $ limit).
Real property
Eligible — included in calculation
Small succession affidavit transfers immovables (real property) when properly recorded — Louisiana-specific advantage.
03
Where to file
File with the District Court (Succession) in the county where the decedent resided at death.
We do not maintain a county-by-county directory. The Louisiana judicial system operates an authoritative court locator.
Find your county’s District Court (Succession) via the Louisiana judicial council website. Search for “Louisiana District Court (Succession) county locator” or visit the state government court directory.
04
Form & statute
Form
- Affidavit of Small SuccessionFiled with parish recorder/clerk for immovables; presented to holder for movables.
Statutes