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La. Code Civ. Proc. arts. 3421, 3431, 3432 · checked 2026-10-21
Louisiana small estate affidavit limit
In Louisiana the small succession affidavit (no judicial opening) is available when the gross value of the property of a person who died domiciled in Louisiana, valued as of the date of death is $200,000 or less; the statute sets no waiting period. It works through an affidavit handed to the bank or other holder, with no court filing.
- 1Dollar limit $200,000
- 2Waiting period None stated
- 3Filed with Asset holder
- 4Statute La. Code Civ. Proc. arts. 3421, 3431, 3432
What La. Code Civ. Proc. arts. 3421, 3431, 3432 says
The operative words of the statute, as read on 2026-10-21:
“a gross value of two hundred thousand dollars or less valued as of the date of death”
That test is applied to the gross value of the property of a person who died domiciled in Louisiana, valued as of the date of death. The affidavit describes immovable property in enough detail to transfer it, so Louisiana real estate can pass. It is signed by at least two people, including the surviving spouse and one or more heirs (art. 3432). It is available for intestate successions, and for testate successions with no Louisiana immovable property when the spouse and all heirs and legatees agree to waive probate (art. 3431). For a person domiciled elsewhere the figure is $125,000 of Louisiana property. Article 3421 was last amended by Acts 2026, No. 293.
Source: La. Code Civ. Proc. arts. 3421, 3431, 3432. Last checked 2026-10-21.
Worked examples against the $200,000 limit
| Estate value | Result under La. Code Civ. Proc. arts. 3421, 3431, 3432 |
|---|---|
| $120,000 | Within the limit |
| $200,000 | Within the limit |
| $201,000 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — gross value of the property of a person who died domiciled in Louisiana, valued as of the date of death — not everything the person owned. Louisiana's figure is $137,500 above the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 3rd from the top, level with Arizona.
When the route opens
La. Code Civ. Proc. arts. 3421, 3431, 3432 does not write a waiting period into the procedure, so timing depends on the court's own processing. 31 of the 51 jurisdictions here do set one, most often around 30 days.
Filing and fees
This is a no-court procedure: the person entitled to the property signs the affidavit and presents it to whoever holds the asset — a bank, a transfer agent, a motor-vehicle office. The court fee schedule for Louisiana could not be read when this page was checked, so no fee is shown.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the small succession affidavit (no judicial opening) and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby West South Central jurisdictions
Arkansas: $100,000 after 45 days; Oklahoma: $50,000 after 10 days; Texas: $75,000 after 30 days.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-21; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Louisiana probate court or its self-help center before filing.