Detailed answer — how to determine whether an account qualifies

Louisiana’s simplified small-succession procedures apply when the total estate (or the asset in question) falls within the statutory limit. To verify whether a bank account is within the $20,000 limit for the small-succession process, follow these actions.

1. Identify who actually owns the funds

• Check the account title on statements or the bank’s account agreement. Only the decedent’s interest that is subject to succession counts toward the limit.
• Accounts to which the decedent was the sole owner are generally subject to succession.
• Joint accounts with right of survivorship, Payable-on-Death (POD) or ‘in trust for’ (ITF) designations usually pass directly to the surviving owner or beneficiary and are not part of the succession estate. Confirm with the bank which category the account falls into.

2. Get precise numeric proof of the balance

• Obtain the most recent statements. Look at the balance on the date of death. Small-succession value is based on value at the date of death, not current balance.
• Ask the bank for a dated letter or statement showing the account balance as of the date of death. Many banks provide a certified or notarized balance letter for probate purposes.
• If you cannot get a statement for the date of death, request transaction history and a written bank certification of the decedent’s interest on that date.

3. Determine the decedent’s net interest

• If the account was solely in the decedent’s name, the full balance (less any liens or holds) counts.
• If there were co-owners, the decedent’s share may be a portion of the balance; get bank records showing ownership percentages or documentation (e.g., account agreement).
• Subtract valid bank holds, freeze amounts, or liens that will reduce the amount you can collect.

4. Check other assets that may combine with the account for the limit

Louisiana’s small succession limit applies to the estate or the assets subject to succession, so the bank account might not be the only asset counted. If you plan to use a single small-succession affidavit to collect multiple items (for example, one bank account plus a safe-deposit box inventory or personal property), add their values together.

5. Ask the bank what it requires for release

• Banks have internal policies about accepting a small-succession affidavit. Contact the bank’s probate or estate department and ask whether they will release funds with a Louisiana small-succession affidavit and what maximum amount they will honor.
• Get the bank’s instructions in writing — including what documents they require (original death certificate, government ID, signed affidavit, etc.).

6. Confirm court and parish clerk requirements

• Parish clerks process small-succession affidavits and will confirm local procedures or fees. If you plan to file with the court, contact the clerk of court in the parish where the decedent lived.
• For statutory text and official rules, consult the Louisiana Legislature website or the parish clerk’s office. (Louisiana laws and court rules are available at the Louisiana Legislature site: https://legis.la.gov/.)

7. When to consult an attorney

If ownership is unclear, account titling is contested, the balance is near the limit, or other creditors and tax issues exist, consult an attorney. A lawyer can prepare the inventory or affidavit correctly and advise whether the simplified process applies.

Important notes on valuation and timing

• Use the balance as of the decedent’s date of death for valuation.
• Do not assume current balance equals value at death; deposits and withdrawals after death do not change the date-of-death valuation for succession purposes.
• Some items (joint accounts, PODs) may avoid succession entirely. Confirm matches the bank’s records and beneficiary designations.

Where to check the law: For the statutory framework and any changes to the small-succession rules, check the Louisiana Legislature’s website (https://legis.la.gov/) or contact the parish clerk of court. Courts and banks follow state law and local court practice when accepting small-succession affidavits.

Disclaimer: This information is educational only and not legal advice. For specific legal guidance about a real situation, consult a licensed Louisiana attorney.

Helpful Hints

• Bring multiple certified death certificates (banks and courts often require originals or certified copies).
• Get the bank’s written confirmation of account ownership type and the balance as of the date of death.
• Collect all account statements for at least the year around the date of death to show balances and transactions.
• Ask the bank whether it accepts the Louisiana small-succession affidavit and what threshold they apply in practice.
• If the account is joint or POD, bring IDs for surviving co-owners or beneficiaries to speed release of funds.
• Keep an inventory of other assets that could push the estate over the $20,000 threshold—combine values only when the law requires it.
• When in doubt, filing a simple succession or consulting an attorney can avoid future disputes and bank freezes.