How to File an Affidavit of Heirship in Louisiana

To transfer property from a deceased Louisiana resident’s estate without a full court succession, you can use an affidavit of heirship in Louisiana — formally called a small succession affidavit — when the estate’s gross value at death was $125,000 or less, or when the person died more than 20 years ago regardless of value.¹ The heirs prepare the document themselves, sign it under oath before a notary and two witnesses, and file it with the clerk of court in the parish where the deceased lived. If the estate includes real estate, a certified copy also has to be recorded in the parish where the land sits.

When You Can Use the Affidavit

Louisiana law reserves this shortcut for estates that meet one of two conditions: gross value of $125,000 or less at the date of death, or a death that occurred more than 20 years ago at any value.¹ The 20-year window exists to help families clear up long-neglected titles.

The process works cleanly when the deceased left no will. It also works for testate estates in a narrower situation: if the deceased left a will but no immovable property in Louisiana, the affidavit is available when the surviving spouse, all legatees under the will, and everyone who would inherit without a will agree to waive probate of the testament.² A separate statutory form under CCP Article 3432.1 governs testate small successions and requires signatures from all heirs and legatees.³ If the deceased left a will and real estate in Louisiana, you generally cannot use the affidavit; a full judicial succession with probate of the will is required.

One timing rule to watch: if the estate includes immovable property such as a house or land, you must wait at least 90 days after the date of death before filing. Bank accounts, vehicles, and other movable property carry no waiting period.

What the Affidavit Must Contain

The statute is specific. For an intestate estate, the affidavit must include:

The date and domicile of the deceased’s death.
A statement that the person died intestate.
The deceased’s marital status, and if married, the surviving spouse’s name, address, and domicile.
The names, last known addresses, and relationships of every heir. For any heir who did not sign, the affidavit must state either that the heir could not be located after reasonable effort, or that the heir received 30 days’ written notice by mail and did not object.
A description of every asset, marked as community or separate property. Real estate descriptions must be detailed enough to support a title transfer.
The value of each asset and the total gross estate value at the date of death.
Each heir’s inheritance share, including whether the surviving spouse holds a usufruct.
An affirmation from each signing heir that they accept the succession.
An oath, sworn under penalty of perjury, that everything in the document is true, correct, and complete.

Every one of these elements is required by CCP 3432.⁴ A missing element gives the clerk of court grounds to reject the filing, and even if accepted, an incomplete affidavit may not be enough to actually move title.

Community and separate property matter here because Louisiana treats them differently. When the deceased had descendants, the surviving spouse doesn’t inherit the deceased’s half of the community property outright; instead the spouse receives a usufruct — the right to use and benefit from that share until death or remarriage — while the descendants own the property.⁵ The affidavit has to reflect that arrangement in the inheritance-shares section.

Who Signs

The heirs themselves sign. This is a common point of confusion, since affidavits of heirship in some other states are signed by disinterested witnesses who knew the family. Louisiana works differently. Signing requirements depend on the family situation:

If the deceased was married, the surviving spouse and at least one heir must sign.
If the deceased was unmarried with multiple heirs, at least two heirs must sign.
If the deceased was unmarried with only one heir, that heir signs, along with a second person who has actual knowledge of the facts stated in the affidavit.

A natural tutor may sign for a minor child without separate court authorization, and a curator may sign for an interdicted person.⁴

The affidavit has to be sworn before a notary or other officer authorized to administer oaths. Two competent witnesses must also be present. Witnesses must be at least 16 years old, sighted, and able to sign their names. Their role is to attest to the signing itself, not to vouch for the family history.

Where to File and What It Costs

File the notarized affidavit with the clerk of court in the parish where the deceased was domiciled. If the estate includes real estate, a certified copy also has to be recorded in the conveyance records of the parish where the property is located.⁶ When the deceased lived in one parish but owned land in another, expect to file in both.

Bring a certified death certificate, government-issued identification for the signers, and documentation supporting the property descriptions and values. Filing fees run roughly $100 to $200 depending on the parish, so call the clerk’s office in advance to confirm the exact cost and accepted payment methods.

Using the Affidavit to Move Property

Once filed and, where applicable, recorded, the affidavit is what you present to the institutions holding the deceased’s property:

For real estate, the recorded affidavit updates the chain of title in the parish conveyance records. Title companies and future buyers rely on it to confirm ownership.
For vehicles, present a certified copy to the Louisiana Office of Motor Vehicles to retitle in the heir’s name.
For bank accounts, most Louisiana institutions will release funds or retitle accounts when given a certified copy of the filed affidavit along with the death certificate and identification.
For personal property, distribute according to the shares stated in the affidavit.

Out-of-state banks and brokerage firms unfamiliar with Louisiana’s civil law system sometimes refuse an affidavit and demand a court-issued judgment of possession instead. If you know the estate has assets held outside Louisiana, be ready to explain the legal basis or bring in an attorney who can deal with the institution’s legal department directly.

When the Affidavit Won’t Work

The shortcut has limits, and pushing past them creates real problems.

Estate value over $125,000. If the gross estate at death exceeded $125,000 and the death was less than 20 years ago, the affidavit is not available. The estate has to go through a general succession in court, which typically means filing a petition, obtaining a judgment of possession, and hiring an attorney.¹

Disputed heirship. When family members disagree about who qualifies as an heir, the affidavit process breaks down. Non-signing heirs have to be either unreachable after a diligent search or served with 30 days’ written notice without objecting.⁴ An active objection sends the matter to court.

Weaker title for future sale. A judgment of possession is issued by a court and formally recognizes heirs as owners.⁷ The affidavit is self-executing and lacks that judicial recognition. Title insurance companies and future buyers sometimes question whether an affidavit accurately identified all heirs, which can complicate a sale years later. For property the family plans to keep long-term, an affidavit is generally sufficient. For property heirs plan to sell soon, a full succession often produces cleaner title.

Creditor claims and complex assets. The affidavit doesn’t address the deceased’s debts. Creditors keep their claims against the estate’s assets, and accepting the succession means taking on those obligations to the extent of the property’s value. Estates with significant liabilities, an operating business, or rental property to manage are usually better handled through a judicial succession, which gives heirs structured tools for creditor claims and administration.

Later-discovered heirs. If someone previously unknown surfaces — a child, for instance — the affidavit offers none of the protection against that claim that a court judgment would.

Federal Tax Points for Heirs

Louisiana imposes no state estate or inheritance tax. Federal estate tax has a $15 million per-individual exemption in 2026, so estates within the affidavit’s $125,000 ceiling fall well below the threshold.

What usually matters more is cost basis. Under federal law, inherited assets receive a step-up in basis to fair market value at the date of death. A home a parent bought for $50,000 and worth $120,000 at death gives the heir a $120,000 basis for capital gains purposes, so selling shortly after inheriting typically produces little or no gain. The step-up applies whether the property passed through a full succession or through the affidavit.

If the estate generates more than $600 in post-death income — rent, interest, dividends — it may need to file IRS Form 1041. Because the affidavit process does not appoint a formal estate administrator, the heirs themselves are responsible for handling that filing.

1
Louisiana State Legislature. Louisiana Code of Civil Procedure CCP 3421
2
Justia Law. Louisiana Code of Civil Procedure Article 3431
3
Louisiana State Legislature. Louisiana Code of Civil Procedure CCP 3432.1
4
Louisiana State Legislature. Louisiana Code of Civil Procedure CCP 3432
5
Louisiana State Legislature. Louisiana Civil Code CC 890
6
Louisiana State Legislature. Louisiana Code of Civil Procedure CCP 3434
7
Louisiana State Legislature. Louisiana Code of Civil Procedure CCP 3061