09/19/2026
⚖️ LOUISIANA LEGAL UPDATE: SMALL SUCCESSION THRESHOLD INCREASED TO $200,000
Effective August 1, 2026, Louisiana has officially raised the maximum gross estate value for qualifying small successions from $125,000 to $200,000.
Under Louisiana Code of Civil Procedure (La. C.C.P.) Art. 3421, an estate qualifies as a small succession if the deceased was domiciled in Louisiana and the total gross value of their property was $200,000 or less at the time of death.
⚖️ AVOIDING JUDICIAL SUCCESSION (COURT PROCEEDINGS) — ART. 3431
A qualifying small succession does not require a formal court opening under specific circumstances:
• Intestate Domiciliary: The deceased died without a will while living in Louisiana.
• Testate Domiciliary: The deceased left a will but owned no real estate (immovable property) in Louisiana. This applies only if the surviving spouse, all beneficiaries named in the will, and all legal heirs who would inherit without a will agree to waive probate.
• Non-Domiciliary: The deceased lived outside Louisiana and died without a will, or their will has already been probated by a court order in another state.
⚖️ AFFIDAVIT OF SMALL SUCCESSION REQUIREMENTS — ART. 3432
If the deceased died without a will (intestate) and meets the qualifications, the necessary parties can execute a sworn Small Succession Affidavit instead of filing a lawsuit.
By law, this affidavit must strictly include:
• The date of death and the legal domicile of the deceased.
• A formal confirmation that the deceased died without a will.
• The deceased's marital status and details regarding any surviving spouse.
• The names, current addresses, and familial relationships of all legal heirs.
• Required legal disclosures regarding any heir who is unavailable or refuses to sign.
• A full description of all estate property, clearly categorized as community or separate property.
• The market value of each item and the total aggregate value at the date of death.
• The specific inherited share percentage for each heir.
• A statement declaring whether a surviving spouse’s legal usufruct applies to the property.
• The mandatory sworn affirmations and signatures of the affiants.
⚠️ IMPORTANT REMINDER
An estate value under $200,000 does not automatically guarantee that a Small Succession Affidavit can be used. All other statutory requirements must be strictly met.
Additionally, separate legal provisions apply to qualifying small successions where a will is left behind. For testate successions, review La. C.C.P. Art. 3432.1.
📌 Legal Reference: Act 293 (HB 215) | Effective August 1, 2026
Governing Articles: La. C.C.P. Arts. 3421, 3431, 3432, & 3432.1