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Small Estate Affidavit Limits in Louisiana

In Louisiana, a small succession is one with a gross value of $200,000 or less (raised from $125,000 effective August 1, 2026), and the succession of a person who died intestate can be handled by an affidavit that is also recorded for any immovable property.

Last checked . General information, not legal advice.

Louisiana at a glance

Maximum estate value
$200,000
Raised from $125,000 by Act 293 of 2026, effective August 1, 2026.
Real estate can pass
Only if there is no will
The affidavit is recorded in the conveyance records of the parish where the immovable property is. A testate succession can skip court only if it has no Louisiana immovable property.

Sources

Last checked

The rules in Louisiana

What is the maximum estate value for a small estate affidavit in Louisiana?

Maximum estate value in Louisiana: $200,000. Raised from $125,000 by Act 293 of 2026, effective August 1, 2026.

Can real estate pass by small estate affidavit in Louisiana?

Only if there is no will. Real estate can pass in Louisiana: only if there is no will. The affidavit is recorded in the conveyance records of the parish where the immovable property is. A testate succession can skip court only if it has no Louisiana immovable property.

Where do the Louisiana small estate affidavit limits come from?

The rules above come from La. Code Civ. Proc. art. 3421, La. Code Civ. Proc. art. 3431, La. Code Civ. Proc. art. 3432 and La. Code Civ. Proc. art. 3434. Each source is linked on this page. We last checked them in October 2026.

Good to know

Act 293 of 2026 (HB 215) amended Code of Civil Procedure article 3421(1) to raise the threshold from $125,000 to $200,000 of gross value at the date of death; it was signed May 22, 2026 and took effect August 1, 2026.

What this means in practice

Check how the estate value is counted before relying on the shortcut. States differ on whether the limit covers all property or only probate property, and whether assets such as jointly owned accounts, life insurance with a named beneficiary or property in a living trust are left out of the total.

Gather the documents a holder is likely to ask for: a certified copy of the death certificate, the signed and often notarized affidavit, and proof of your identity and relationship to the person who died. Some holders use their own affidavit form, so ask before you prepare one.

A person who collects property with a small estate affidavit usually takes on duties to others with a claim to it, such as creditors and other heirs. Paying valid debts and distributing the rest correctly matters, because a successor who takes more than their share can be held liable for it later.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.