Louisiana Small Estate Affidavit | Affidavit of Heirship

Louisiana law states that either an affidavit of heirship for personal property, or a small estate form for real estate, aim for a “small succession.” Both types of estates must value $75,000 or less, although if the decedent died over 25 years ago, then there is no financial limit to the value on the estate, as real estate and some types of personal property tend to accrue value over time. The small estate affidavit is a recent addition to Louisiana affidavit and successorship law, and was added in 2009.

Affidavit of Heirship: Louisiana allows family or other successors to claim “small succession” of either personal property or real estate. Affidavits of heirship allow successors to claim a decedent’s personal property, as long as it values at $75,000 or less.

Small Estate Affidavit: The small estate affidavit in Louisiana was updated in 2011 to remove restrictions on what type of property qualified as real estate, which values at $75,000 or less.



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According to the Louisiana Code of Civil Procedure, under articles 3421, 3431, 3432, 3432.1, and 3434 clarifies that “small” succession as “the succession or the ancillary succession of a person who has died at any time, leaving property in Louisiana having a gross value of seventy-five thousand dollars or less…

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In Louisiana, successors may file an affidavit of heirship (vehicles only) to claim the motor vehicle of a deceased loved one, whether the loved one died without a will, or with a will that did not specify how to transfer the title of a motor vehicle. Sometimes, if a surviving…

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The small estate affidavit in Louisiana did not come into effect until 2009, and changed further in 2011 to remove restrictions on what type of property qualified as real estate. Now, successors may file a small estate affidavit to collect the decedent’s personal property as long as the estate values…