Simple steps for collecting a deceased relative’s bank account in Louisiana using the small succession process

Overview. When a Louisiana resident dies leaving mostly personal property (movable assets) and the total value is modest, state law allows a simplified succession process that often lets heirs collect bank accounts without a full court administration. This article explains how that simplified process generally works, what documents you’ll need, how banks typically handle these requests, and what to do if the bank refuses.

Detailed answer — how the simplified succession (small estate) process works in Louisiana

Louisiana does not use the same “small estate affidavit” procedure that some other states use. Instead, Louisiana provides summary or simplified succession procedures that apply when the estate is limited in size and involves mostly movable property (bank accounts, vehicles, household items). The exact paperwork, the parish clerk’s practices, and the monetary threshold for a simplified process can vary, so you should confirm limits with the parish where the decedent lived.

Here are the typical steps you should expect and follow:

1. Confirm whether a simplified succession applies. Check whether the estate consists primarily of movables and whether the total value of the estate falls at or below your parish’s threshold for summary succession. If the estate contains immovable property (real estate) or significant debts and creditors, a full succession proceeding may be required.
2. Identify the heirs and the decedent’s marital regime. Under Louisiana law, succession shares depend on whether the decedent left a surviving spouse, children, or other relatives, and on whether property is community or separate. You’ll need to know who the lawful heirs are before the bank will release funds. If the decedent left a valid will, that may affect who can collect assets.
3. Gather required documents. Common documents banks (and sometimes a court or clerk) will ask for include:
   • Certified copy of the death certificate
   • Photo ID for the person claiming the funds
   • Proof of relationship to the decedent (birth certificate, marriage certificate, or other documentation)
   • Account statements or other proof that the decedent held the account
   • A notarized affidavit signed by the heir(s) stating facts about the estate and the claimant’s right to the funds (some banks supply their own affidavit form)
4. Contact the bank early. Each bank has internal policies. Some banks will pay out small account balances directly to an heir on presentation of a death certificate and proper ID. Others require a formal succession affidavit or a court-issued document before releasing funds. Ask the bank exactly what they require and whether they have a specific affidavit form.
5. If the bank accepts an affidavit, prepare it carefully. The affidavit should state the decedent’s death, the identity and relationship of the person claiming the funds, that no succession has been opened (if true), and that the estate qualifies for the simplified process under Louisiana law. Have the affidavit notarized. If multiple heirs share the right to the funds, the bank may require written agreement or signatures from all heirs.
6. If the bank will not release funds on an affidavit, file a simplified succession or petition in the proper court. Go to the clerk of the court (succession clerk) in the parish where the decedent lived to learn the local simplified succession filing steps. You may need to file a petition asking the court to appoint a representative for the succession or to recognize heirship. The clerk can tell you whether the file will be public and which forms to use.
7. Distribute funds according to Louisiana succession rules. Once the bank releases the funds, distribute them according to the succession plan or the court’s decree. If you are an heir acting alone, keep records of amounts collected and distributions in case other heirs or creditors later make claims.

Common complications and what to do

• If the decedent had a will: the will may have to be filed in court before the bank will release funds, especially if the will deals with immovables or large sums.
• If multiple heirs disagree: the bank may refuse to release funds until the dispute resolves or until the court appoints a succession representative.
• If the account is jointly titled or has a payable-on-death (POD) beneficiary: the bank will usually follow the account’s contract—joint owners or named beneficiaries often take priority over heirs by succession.
• If creditors exist: some creditors can make claims against estate funds. Even in simplified proceedings, you should confirm whether known creditors must be notified.

How to begin today — practical checklist

1. Get several certified copies of the death certificate (banks require originals or certified copies).
2. Locate account numbers and recent statements for the decedent’s bank accounts.
3. Contact the decedent’s bank: ask whether they accept a small-successions affidavit or require court documents; request the bank’s form if available.
4. Visit the parish clerk of court where the decedent lived to ask whether the estate qualifies for the parish’s simplified succession process and to obtain any required local forms and current monetary thresholds.
5. If the bank or clerk tells you to file something with the court, follow the clerk’s filing instructions or consult an attorney for help preparing the petition.

Helpful hints

• Start with the bank and the parish clerk—both are practical sources of local rules and forms.
• Keep careful records of every contact, document, and payment—this protects you if questions arise later.
• If the account is small and there are no disputes, many banks will release funds quickly once you prove identity and heirship.
• If you run into resistance from a bank or other heirs, consult a Louisiana attorney experienced in successions—an attorney can file the correct petition and represent you in court.
• Don’t assume a single approach fits every bank—policies vary. Ask for any bank requirements in writing (email or form) before proceeding.

Where to learn more locally. For precise parish-level procedures and the current monetary threshold for simplified successions, contact the clerk of court in the parish where the decedent lived. You can also consult the Louisiana State Legislature’s website or the Louisiana State Bar Association for general materials on successions.

Disclaimer: This article explains general Louisiana succession concepts and common practices. It is educational only and not legal advice. For help specific to your situation, speak with a licensed Louisiana attorney or contact the parish clerk of court.