Probate in Louisiana: small estates, no will, and skipping court

Updated 2026-10-18

The short answer

Louisiana calls probate a succession. If a Louisiana resident leaves $200,000 or less, family can often use a small succession affidavit instead of court. Larger estates go to court, though heirs can often be sent into possession quickly. Louisiana has no transfer-on-death deed for real estate and no estate or inheritance tax.

When someone dies in Louisiana, the family's first question is practical. Do we have to go to court?

Louisiana's answer uses its own words. What other states call probate, Louisiana calls a succession. A will is a testament, and the executor is a succession representative. This page translates each term as it goes. It is part of our estate planning guides by state. If the general idea is new, start with what probate is.

Can my family use a small succession affidavit?

Often, yes. Louisiana calls it a small succession, and the limits were raised in 2026 (Code of Civil Procedure art. 3421).

Who died	Small succession limit
A Louisiana resident (domiciliary)	Gross value of $200,000 or less at the date of death
Someone who lived in another state, with property in Louisiana	Louisiana property of $125,000 or less
Anyone, if the death was at least 20 years ago	Any value

The $200,000 limit took effect August 1, 2026, up from $125,000 (Act 293 digest). Many websites still say $125,000 for everyone. That figure now applies only to people who lived out of state.

How the affidavit works

The family signs a small succession affidavit under oath before an officer such as a notary (art. 3432).

No testament: at least two people sign, including the surviving spouse (if any) and one or more heirs. With no spouse, two heirs sign, or one heir plus someone with actual knowledge of the facts.
Heirs who don't sign: each must be unlocatable after a real search, or have been mailed 30 days' notice without objecting.
With a testament: this route works only for movable property (things other than land and buildings). All heirs and legatees (people named in the testament), including the spouse, sign, attach the testament and agree not to challenge it (art. 3432.1).

The affidavit is full authority for banks and companies to hand over the property, and they are released when they do (art. 3434). If the affidavit covers land or a house, it must be recorded in the parish conveyance records. The statute sets no waiting period after death, other than the 30-day notice to heirs who don't sign.

Who inherits if there's no testament?

Louisiana is a community property state, so property acquired during a marriage is usually owned half and half. Community and separate property pass differently (Civil Code art. 880).

Your half of the community property:

If you leave children or other descendants, it goes to them. Your surviving spouse gets a usufruct over it (Civil Code art. 890). A usufruct is the right to use the property and keep its income, a lot like a life estate. It ends when the spouse dies or remarries. The children own it underneath, which Louisiana calls naked ownership.
If you leave no descendants, your spouse takes your half outright (Civil Code art. 889).

Your separate property goes in this order (Civil Code arts. 888 to 896):

Your descendants.
If you have no descendants but a parent and siblings survive, your siblings (or their descendants) take it, with a usufruct for your parent.
With no descendants and no parents, your siblings or their descendants.
With no descendants and no siblings or their lines, your parents.
Only then, your spouse, unless judicially separated.
Other ascendants, split between your father's and mother's sides.
Other relatives, nearest first.

That fifth line surprises people. A surviving spouse ranks behind your parents and siblings for separate property, such as a house you owned before marrying. Friends never appear at all. If you want a friend, a niece or a charity to receive anything, it has to be in a testament or a trust. Our post on dying without a will covers what happens when the list runs short.

Louisiana also has forced heirship. Children who are 23 or younger at your death, or permanently unable to care for themselves at any age, are entitled to a share (Civil Code art. 1493).

Who serves as succession representative?

If your testament names an executor, that person asks the court to confirm them as testamentary executor (Code of Civil Procedure art. 3081). If nobody is named, or the named person can't serve, the court appoints one, called a dative testamentary executor or an administrator.

When several qualified people want the job, the court prefers (art. 3098):

The best qualified among the surviving spouse, competent heirs or legatees, or legal representatives of heirs who can't act for themselves.
The best qualified of the people they nominate.
The best qualified creditor, or someone who co-owned land with the person who died.

A succession representative is a fiduciary: legally required to act in the estate's interest and follow what the testament says.

Can someone out of state serve?

Yes, with one step. A nonresident must appoint a Louisiana resident as agent for service of process and file that appointment in the succession (art. 3097). People under 18, convicted felons, and people who are interdicted (under adult guardianship) can't serve.

A court-appointed administrator usually must post a bond; an executor named in the testament usually doesn't (art. 3151).

Can the family skip a full administration?

Often, yes. Louisiana has two simpler paths besides the small succession affidavit.

Sending into possession. If all heirs or legatees are competent, accept the succession, and it is relatively free of debt, the court can sign a judgment putting them in possession without an administration (art. 3001, art. 3031).
Independent administration. If the testament says the executor may act as an "independent executor," or all main legatees agree, the executor can work with far less court supervision (art. 3396).

What about creditors?

A creditor of a succession under administration sends a written demand to the succession representative, who must accept or reject it within 30 days. Silence counts as a rejection (art. 3242). Debts are paid through a court-approved plan called a tableau of distribution, after one published notice (art. 3304).

How much is the succession representative paid?

Louisiana sets a default of 2.5% of the inventory. An executor gets the reasonable amount the testament provides. An administrator gets the amount agreed with the spouse and all competent heirs. Without either, the fee is 2.5%, which the court can raise if it is inadequate (art. 3351).

Can my house skip the succession?

Not with a deed. Louisiana has no transfer-on-death deed for real estate. A transfer that takes effect at death must be made by testament, and gifts must follow the forms the Civil Code sets (Civil Code art. 1570).

A trust is the usual alternative. One Louisiana twist: a trust here is irrevocable unless it reserves the right to revoke (R.S. 9:2021). Our posts on what a trustee does and how to avoid probate explain the options.

Will my heirs owe Louisiana estate or inheritance tax?

No. Louisiana repealed its inheritance tax in 2008. Its estate transfer tax was tied to a federal credit that no longer exists, so the Department of Revenue says none is due for deaths after 2004 (Louisiana Department of Revenue).

Which path fits?

Situation	Likely path
Louisiana resident, estate $200,000 or less, no testament	Small succession affidavit
Resident, $200,000 or less, testament, no land or buildings	Affidavit, if every heir and legatee signs
Heirs all agree, few debts, larger estate	Court judgment sending heirs into possession
Testament names an independent executor	Independent administration
Disputes, many debts, or heirs who can't act for themselves	Full administration with court supervision

Here is a typical case, a composite. Marie, 76, lived in Lake Charles and never married. Her savings and car came to about $150,000. Her two nephews signed a small succession affidavit, and the bank paid out with no court case.

Trella Trust Company, through a Kinly membership, can be named as executor or trustee, first or as backup to someone you choose. If it settles an estate, that work is charged by the hour, and you see the rates first.

Before death, the papers that matter most are your mandates. See our Louisiana financial power of attorney guide and Louisiana medical power of attorney guide.

Common questions

What is the small succession limit in Louisiana?

For a Louisiana resident, $200,000 or less in gross value at death, since August 1, 2026. For someone who lived in another state, Louisiana property of $125,000 or less.

Does a surviving spouse inherit everything in Louisiana?

Not always. With children, the spouse gets only a usufruct over the deceased spouse's half of the community, and the children own it. For separate property, the spouse ranks behind descendants, parents and siblings.

Can an out-of-state relative be executor in Louisiana?

Yes. A nonresident must appoint a Louisiana resident as agent for service of process and file that appointment in the succession.

Does Louisiana have a transfer-on-death deed?

No. Louisiana has no statute allowing a transfer-on-death deed for real estate. A testament or a trust that reserves the right to revoke are the usual tools.

Does Louisiana have an inheritance tax?

No. It was repealed in 2008, and no estate transfer tax is due for deaths after 2004.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

State guidesPower of attorney in Louisiana: rules, signing, who to namePower of attorney in Louisiana is called a mandate. It is durable by default, but key powers must be spelled out. How to sign one and who to name.State guidesMedical power of attorney in Louisiana: how to sign oneMedical power of attorney in Louisiana is a mandate that expressly grants health care authority. The living will rules, and who decides if nobody is named.State guidesEstate planning by state: guides for all 50 statesEstate planning by state: what stays the same everywhere, what changes, and power of attorney, medical and probate guides for all 50 states.