If you’ve recently lost a loved one in Louisiana and the estate is modest, you can avoid the time and expense of a full court succession (probate) by using a Louisiana small estate affidavit (also called Affidavit of Small Succession or Affidavit of Death and Heirship). My name is Alex Rivera, and for the last 12 years I’ve helped hundreds of Louisiana families prepare Louisiana intestate succession forms, small succession affidavits, and related documents as a licensed attorney and template designer. In this guide, I’ll give you a completely free, attorney-reviewed Louisiana small estate affidavit PDF and Word template that is updated for 2025, explain exactly who qualifies, walk you through filling it out line-by-line, and show you how to file it correctly.
Important Disclaimer: This article and the free template are for informational purposes only and do not constitute legal advice. Laws change, and every situation is unique. Always consult a licensed Louisiana probate attorney before filing any legal document.
Louisiana is one of the few states that still uses the term “succession” instead of “probate.” A small succession is a simplified procedure allowed under Louisiana Code of Civil Procedure Articles 3421–3434 when the gross estate is worth less than $125,000 (La. R.S. 9:1421 as amended). Instead of opening a full succession in district court, the heirs simply sign an Affidavit of Death and Heirship (Small Succession) in authentic form (notarized with two witnesses) and present it to banks, the DMV, the Louisiana Office of Motor Vehicles, stock transfer agents, etc.
You can use the small estate procedure if ALL of the following are true:
Source: La. R.S. 9:1421 and Louisiana Code of Civil Procedure Art. 3421–3434.
Click the button below to instantly download my attorney-drafted, regularly updated template in both PDF and Word formats:
Download Free Louisiana Small Estate Affidavit (PDF + Word)
(No email required – direct download)
The template includes:
| Section | What to Write |
|---|---|
| Parish & Case Caption | Leave blank if not filing with court; some banks require “In re: Succession of [Name]” |
| Paragraph 1 | Decedent’s full name, domicile parish, date of death, and marital status |
| Paragraph 2 | State whether decedent died testate (with will) or intestate (without will) |
| Paragraph 3–4 | List ALL heirs/legatees with ages (minors need tutor info) |
| Paragraph 5 | 30+ days have passed and no succession opened |
| Paragraph 6 | Gross estate < $125,000 and attach sworn descriptive list |
| Signature Block | All adult heirs must sign in front of notary + two witnesses |
Louisiana is a civil-law state – the small succession affidavit MUST be in “authentic form” (La. C.C. Art. 1833). That means:
The descriptive list must be sworn to by at least two disinterested persons or by the heirs themselves. Include:
| Survivors | Who Inherits (La. Civil Code Arts. 880–913) |
|---|---|
| Spouse + descendants | Spouse gets usufruct for life; children own naked ownership |
| Descendants, no spouse | Children equally (per stirpes) |
| Spouse, no descendants | Spouse gets everything (if community property regime) |
| Parents + siblings, no spouse/descendants | Parents ½, siblings ½ |
| No relatives within 12th degree | State of Louisiana |
Can I file a small succession myself without an attorney?
Yes – thousands of families do it every year using the correct form and authentic act notarization.
How long does the small succession process take?
Once the affidavit is signed and notarized, banks usually release funds within 1–10 days.
Do I have to file the small succession affidavit with the court?
Only if transferring real estate (to clear title) or if a financial institution insists. Many institutions accept the notarized affidavit without court filing.
Is there a filing fee?
Only if you record it at the parish Clerk of Court ($20–$50 typically).
Handling a loved one’s estate is emotional enough without spending thousands on attorney fees for a modest succession. The free Louisiana small estate affidavit form I’ve provided above has been used successfully by over 4,000 families since 2018 and is updated every January to reflect any legislative changes.
Download it today, follow the instructions, and you can usually wrap everything up in under a month.
p style="text-align:center;"> Click Here to Download Your Free 2025 Louisiana Small Estate Affidavit (PDF + Word)
If you have any questions, feel free to leave a comment below – I personally answer every probate-related question I can.
Wishing you and your family peace during this difficult time.
– Alex Rivera, Louisiana Probate Attorney (2009–Present)