Overview

If you are handling a decedent’s estate in Louisiana and you reach or exceed a dollar threshold that prevents using the summary (small succession) procedure, you must change course and use the ordinary succession process. Louisiana law offers a simplified summary procedure for certain small estates (often called a “small succession”), but that route is only available when the estate qualifies under the statutory requirements. If the estate no longer qualifies, you must open an ordinary succession with the court and follow the full probate rules.

Step-by-step: What to do when the small succession cap is reached or exceeded

1. Confirm whether the estate still qualifies.

   Small succession eligibility depends on the types of assets (usually movables vs. immovables) and the dollar value allowed by Louisiana law. Currency limits and rules can change. Contact the clerk of the probate court in the parish where the decedent lived or consult a Louisiana attorney to confirm the current threshold and whether a partial small succession is possible (e.g., a summary procedure for movable property only).

2. Stop any further distribution under the summary procedure.

   If you already started distributing assets under a small succession or informal process, pause further distributions as soon as you discover the cap has been reached. Distributing assets beyond what the law allows can create personal liability for the person who distributed them.

3. Prepare and file a petition to open ordinary succession (if required).

   If the estate no longer qualifies for the small succession remedy, file a petition in the appropriate parish court to open an ordinary succession. That petition typically names the heirs, the proposed administrator or executor (if there is a will), and requests the court to open a succession and allow administration under the ordinary probate rules.

4. Provide inventory and accounting.

   Under ordinary succession procedures you must prepare and file inventories and appraisals of the decedent’s assets (movable and immovable), provide notice to heirs and creditors, and follow the court’s timetable for administration and distribution.

5. Address assets already distributed.

   If some assets were distributed under the summary process but the estate exceeded the limit, the court may require accounting and may order that improperly distributed property be returned or that heirs be balanced by money or other assets. In some cases affected parties must pursue remedies in court to correct distributions.

6. Notify creditors and interested parties.

   Ordinary succession requires formal notices to creditors and potentially publication. Creditors have a period to present claims. Failure to handle creditor claims correctly can create personal exposure for the administrator or for those who previously distributed assets.

7. Get a court order closing succession and distributing assets.

   When administration is complete and the court approves the final account, the judge will issue an order closing the succession and authorizing distribution under the ordinary succession rules.

Common scenarios and practical notes

– Partial small succession: In many cases Louisiana allows a summary procedure only for movables. If the estate contains immovable property (real estate) or the total value exceeds the allowed limit, you will need ordinary succession for the immovable part or for the whole estate depending on the facts.

– If a will exists: A valid will does not automatically keep an estate in the small succession process if the estate exceeds the statutory limits. The presence of a will affects who can be named executor and how property passes but not the dollar eligibility rules for the summary process.

– If assets are discovered later: If after a small succession is closed you discover additional assets that push the estate over the limit, notify the court and heirs immediately. The court may require reopening the succession or other corrective steps.

Where to find more information

For official Louisiana statutes and court rules, visit the Louisiana Legislature website: https://legis.la.gov/. For practical, parish-specific forms and clerk instructions, contact the parish clerk of court where the decedent resided. The Louisiana State Bar Association (LSBA) provides public resources that explain succession procedures and can help you find an attorney: https://www.lsba.org.

Helpful Hints

• Do not distribute assets further until you confirm whether the small succession still applies.
• Check the current dollar threshold for small successions with the parish clerk or an attorney — statutory limits can change.
• If the estate includes immovable property, plan on ordinary succession unless the immovable can be handled separately under local rules.
• Keep careful written records of all assets, distributions, and communications with heirs and creditors.
• If in doubt, hire a Louisiana succession attorney early — correcting improper distributions is often harder and more expensive than doing probate properly at the start.
• If someone already received property under the small succession that should not have been distributed, document that discovery and consult an attorney about the next steps to seek restitution or to reopen the succession.