Free Louisiana Small Estate Affidavit

Prepare the Louisiana small estate affidavit for estates up to $125,000, plus presentation letters for each holder. La. Code Civ. Proc. arts. 3421, 3431-3434.

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Your Information

The Louisiana affidavit identifies the claiming successor and the basis of entitlement.

Skipping probate?Settle the whole estate in one place.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

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Frequently Asked Questions About Louisiana Small Estate Affidavits

No statewide form. La. Code Civ. Proc. art. 3432(A)(1)-(9) sets what the affidavit must state, and the affidavit is drafted to those requirements; the required elements print with the document as a checklist.

$125,000, per La. Code Civ. Proc. arts. 3421, 3431-3434. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

At least two persons, including the surviving spouse (if any) and one or more heirs of the deceased (art. 3432(A)); if no surviving spouse, at least two heirs — and if only one heir exists, a second person with actual knowledge of the stated matters signs. Available only when judicial opening is unnecessary under art. 3431: a Louisiana-domiciled intestate; a Louisiana-domiciled testate leaving no Louisiana immovable property whose spouse, legatees, and intestate heirs all waive probate (art. 3432.1); or a non-domiciliary who died intestate or whose testament was probated by another state's court order (art. 3433). Natural tutors and curators may sign for minors and interdicts without court authorization. La. Code Civ. Proc. arts. 3431(A), 3432(A)-(C), 3432.1.

The holder of the property: a multiple original or certified copy of the affidavit is full and sufficient authority for any federally insured depository institution, financial institution, trust company, warehouseman, depositary, domestic or foreign corporation, or any person having the property in his possession or under his control to pay money or deliver property of the deceased to the heirs, legatees, and surviving spouse in community in the percentages listed (art. 3434(A)).

The Louisiana affidavit is signed before a notary (La. Code Civ. Proc. art. 3432(A)).

The receipt of the persons named in the affidavit as heirs, legatees, or surviving spouse in community constitutes a full release and discharge for the payment or delivery, and no creditor, heir, legatee, succession representative, or other person has a right or cause of action against the payer/deliverer on account of it (art. 3434(B)).

Immovable (real) property IS covered — unlike the common-law affidavit states. A multiple original or certified copy of the affidavit (with any required attachments per art. 3433) must be recorded in the conveyance records of the parish where each immovable is situated; once recorded it is prima facie evidence of the stated facts and of the recognized heirs' rights in the immovable, and an unrecognized successor's action against onerous-title third parties prescribes two years from recordation (art. 3434(C)). La. Code Civ. Proc. art. 3434(C).

Small Estate Collection in Louisiana

Louisiana has no statewide affidavit form; La. Code Civ. Proc. art. 3432(A)(1)-(9) sets what the affidavit must state, and the successor prepares the affidavit to those requirements. It collects the decedent's property without opening probate.

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $125,000, per La. Code Civ. Proc. arts. 3421, 3431-3434. There is no waiting period after the death.

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Frequently Asked Questions About Louisiana Small Estate Affidavits

$125,000, per La. Code Civ. Proc. arts. 3421, 3431-3434. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

The Louisiana affidavit is signed before a notary (La. Code Civ. Proc. art. 3432(A)).

Small Estate Collection in Louisiana

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $125,000, per La. Code Civ. Proc. arts. 3421, 3431-3434. There is no waiting period after the death.

Free Louisiana Small Estate Affidavit

Your Information

Frequently Asked Questions About Louisiana Small Estate Affidavits