6.1 Small Successions by Affidavit

Formerly, a small succession, which was defined as one valued at less than $50,000, could be handled by affidavit, without the necessity of filing a judicial proceeding. Immovable property, however, could not be transferred by this process. Any succession involving immovable property had to be filed and submitted to a court to obtain a Judgment of Possession signed by a judge and recorded in the parish conveyance records. To complete this process, the successors had to pay for court costs and for an attorney to prepare and file the documents necessary for a judicial succession.

Unfortunately, these requirements often discouraged people from completing the legal work necessary to clear the title to their inherited property. Such individuals may have been in corporeal possession of the property, but because they lacked legal possession, they could not sell the property, use it as collateral for loans, or take advantage of homestead exemptions. In 2005, Hurricanes Katrina and Rita exposed this problem in the southern parishes of Louisiana as thousands of homeowners could not access federal and state rebuilding funds because of unresolved succession issues. 

In 2009, the Legislature simplified the process. Immovable property that meets the statutory definition of “small succession property” can now be transferred to the heirs simply by drafting an Affidavit for Small Succession and recording it in the parish conveyance records. In subsequent years, the Legislature has revised the statute to broaden the definition of “small succession property” and expand the use of this simplified process.