LA estate risk
Probate risk in Louisiana
Court-supervised estate process, timing, cost exposure, and public record requirements.
Louisiana allows a small succession affidavit for qualifying estates, avoiding a judicial opening in many cases.
At a glance
Key takeaways
- A small succession applies when Louisiana property is valued at $125,000 or less, or when the death occurred at least 20 years before the affidavit filing.
- When judicial opening is not required, heirs can execute a small succession affidavit to transfer property.
- The affidavit includes the decedent’s death and domicile information and identifies heirs and notice steps.
- Small succession affidavits must be executed by the heirs or legatees and notarized.
Questions to consider
Questions to consider in Louisiana
- How long does probate typically take here?
- What costs and fees should families expect?
- What becomes public during probate?
State overview
Louisiana allows a small succession affidavit for qualifying estates, avoiding a judicial opening in many cases.
- A small succession applies when Louisiana property is valued at $125,000 or less, or when the death occurred at least 20 years before the affidavit filing.
- When judicial opening is not required, heirs can execute a small succession affidavit to transfer property.
- The affidavit includes the decedent’s death and domicile information and identifies heirs and notice steps.
- Small succession affidavits must be executed by the heirs or legatees and notarized.
Sources
- https://codes.findlaw.com/la/code-of-civil-procedure/la-code-civ-proc-tit-v-art-3421/
- https://codes.findlaw.com/la/code-of-civil-procedure/la-code-civ-proc-tit-v-art-3432/
- https://www.nolo.com/legal-encyclopedia/louisiana-avoiding-probate-31983.html
Background sources
- Uniform Probate Code (2019) - Probate of wills and administration
Article III covers appointment, notices, creditor claims, and small-estate collection (Section 3-1201).
National sources provide baseline context; state statutes and court rules control in Louisiana.
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