Laws
- Days After Death – You must wait at least 90 days to file the affidavit if the succession includes immovable property, such as real estate.[1]
- Maximum Amount – $125,000.[2] A decedent’s property with a gross value of $125,000 or less at the time of death qualifies as a “small succession.” There is no value limitation if the person has been deceased for at least 20 years.
- Publishing – Notice of a public sale of a succession property must be published once in the parish where it is located. The property should be sold between 10 and 15 days after publication.[3]
- Signing – The affidavit must be signed by at least two people, including the surviving spouse (if any) and one or more competent primary heirs of the deceased. Signatures must be sworn and subscribed in the presence of a notary public.[4]
- Statutes – Title 5 – Small Successions (§§ 3421 — 3443)
How to File (4 steps)
1. Wait 90 Days If Succession Includes Immovable Property
2. Gather Information
The affidavit for small succession requires some pertinent information, including a certificate of death, to be stated on the document, including the following:
- The date of the person’s death and the location of their residence at the time of death
- Marital status and residence of surviving spouse
- Names and last known addresses of all surviving heirs
- A list of the deceased’s assets and properties, including descriptions and their estimated values
As you wait out the 90 days (only if succession involves immovable property), collecting all the information you will need to include when filling out the affidavit would be a good idea.
3. Fill Out and Sign the Affidavit
Download and fill out the form for Louisiana’s affidavit for small succession. At least two people must sign it, including a surviving spouse and heir. Two adult heirs must sign the form if there is no surviving spouse. If there is only one heir, another person with knowledge of the matters listed in the affidavit must sign it. If the heir is a minor, their natural guardian may sign it. In addition, the affidavit must be acknowledged by a notary public.