An “affidavit of small succession” is a legal document that can be used by a surviving spouse and/or the heirs of a deceased person to settle an estate and transfer assets when the value of the decedent’s entire estate is less than $125,000. These affidavits allow the heirs to avoid the judicial succession process and are often quicker and less costly for the heirs. 

If the total value of the decedent’s estate is less than $125,000, the heirs can proceed by affidavit. However, if the succession includes immovable property, such as real estate, the heirs must wait 90 days from the date of decedent’s death to file the succession. If no immovable property is involved, there is no mandatory waiting period. 

There are numerous statutory requirements as to the content of the affidavit, so it is recommended that a lawyer prepare this affidavit. Once completed, the affidavit of small succession is filed in the district court in the judicial district of the succession, which is typically the parish in which the decedent was domiciled, or residing, at the time of their death. If the affidavit contains the conveyance of real estate, the affidavit is also recorded in the land records in the Parish in which the property is located. 

Affidavits of small succession do not require judicial approval, meaning they are effective upon filing. 

If you have any questions regarding small successions or need assistance with any other succession or estate planning matters, please contact Johnston Burkhardt at (504)324-2141 or Johnston@snw.law.