Understanding Louisiana’s Small Estate Affidavit Process
When a Louisiana resident dies owning only movable property valued at $125,000 or less, heirs can use a streamlined small estate affidavit procedure to collect and distribute assets without a full probate. This process is governed by Louisiana Code of Civil Procedure art. 1911 et seq. and promotes swift transfers of items like bank accounts, vehicles, and personal effects.
1. Confirm Eligibility
First, ensure the decedent’s total movable estate does not exceed $125,000, exclusive of liens. The procedure applies only to movables. Real property requires a different succession process. See La. C.C.P. art. 1911 (legis.la.gov).
2. Identify the Heirs and Their Shares
If the decedent left a valid will, distribute according to its terms. Without a will, heirs follow Louisiana’s intestate succession rules under La. Civ. Code arts. 877–886 (legis.la.gov).
3. Gather Required Documentation
- Certified death certificate of the decedent.
- Affidavit form signed by the primary heir(s) or beneficiary(ies).
- List of all movable assets and their estimated values.
- Oath swearing heirs are entitled under a will or intestacy.
4. Prepare and File the Affidavit
Any heir, legatee, or designated beneficiary can sign the affidavit before a notary public or clerk of court. The affidavit must state:
- The decedent’s name, date of death, and domicile.
- A description of each movable asset and its fair market value.
- The names, addresses, and relationships of all heirs or legatees entitled to receive distribution.
- A statement that no administration is pending or required elsewhere.
File the original affidavit with the clerk of court in the parish where the decedent was domiciled.
5. Notice to Creditors
Within 10 days of filing, publish a notice to creditors in a local newspaper or post notice at the courthouse, as required by La. C.C.P. art. 1915. Creditors then have 30 days to submit claims. Heirs must reserve an amount sufficient to satisfy timely claims before distribution.
6. Distribute the Assets
After the creditor claim period lapses, distribute assets per the affidavit. Each heir or legatee signs a receipt or release acknowledging receipt of property. Maintain these documents for your records and to demonstrate compliance with La. C.C.P. art. 1919 (legis.la.gov).
Disclaimer
This article is for educational purposes only. It does not constitute legal advice. Always consult a qualified attorney for guidance specific to your circumstances.
Helpful Hints
- Obtain multiple certified copies of the death certificate.
- Keep detailed valuations for each asset to avoid disputes.
- Check for liens or encumbrances before distribution.
- Consider an attorney if heirship or asset valuation is contested.
- Retain filed affidavits and receipts for future reference.