Louisiana Small Succession: How-To

Quick answer: once 45 days have passed and the gross succession value is at or under $200,000, the heirs sign a sworn affidavit before witnesses and record it to clear title. Check whether an estate qualifies with the Louisiana small succession checker.

Step by step

1. Wait 45 days from the date of death.
2. Confirm no formal succession has already been opened.
3. Identify all the heirs, including any forced heirs.
4. Get every heir to agree in writing on how the estate will be distributed.
5. Confirm the gross value is at or under $200,000, using date-of-death values with no debts subtracted.
6. Sign the affidavit before witnesses and have it recorded to clear title.

It's a sworn document, not a bank form

Everyone has to agree, including forced heirs

The heirs need to be identified, all heirs (including any forced heirs entitled to a guaranteed share) must agree on the distribution, and there can't be significant creditor disputes or other complications standing in the way.

Underestimating value is a real risk

Underestimating asset values to bring the estate under the $200,000 threshold can invalidate the affidavit entirely. Banks and the public records office can challenge it if they suspect the actual value exceeded the cap — accuracy matters more than convenience here.

Title companies may still want more

Some title insurance companies prefer a full Judgment of Possession for larger sales even when a small succession affidavit would technically qualify. Confirming with the title company before choosing a path can save a wasted filing.

Orleans, East Baton Rouge, and Jefferson Parish each record these affidavits through their own Clerk of Court, but the $200,000 threshold and 45-day wait apply identically statewide.

How-to — frequently asked questions