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Louisiana Small Estate Affidavit | Affidavit of Small Succession

A Louisiana small estate affidavit is a legal document that can be used by the surviving spouse and the adult heirs of a deceased person to transfer assets and properties that are valued at less than $125,000. It allows the successors to bypass the probate process, expediting the collection and distribution of assets.
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How to File (4 steps)

1. Wait 90 Days If Succession Includes Immovable Property

The affidavit for small succession will not be effective for 90 days after the date of death if the deceased owned immovable property, such as land or real estate, at the time of death. There exists no statutorily mandated waiting period for small successions not involving real 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.

4. File the Affidavit at a District Court

Since there are no probate courts in Louisiana, you must file the affidavit for small succession at the district court in the judicial district of the succession. You can use this map to find out where to file.

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