Both movable and immovable property can now be transferred by Affidavit if the succession is intestate and the decedent’s estate in Louisiana was valued at $125,000 or less at the time of death (or any value if the death occurred at least 20 years before the recording of the Affidavit for Small Succession).1 The immovable property does not have to be the decedent’s primary residence and does not even have to be residential property.

• 1La. C.C.P. arts. 3421, 3431. Different rules apply to out-of-state residents. Id. art. 3431(A).

The required information is set out in the statute and is generally the same information that would be contained in the documents of a court succession: date of death, marital status, domicile and last residence, spouse and family information, and the names and last known addresses of all the heirs.1 If any of the heirs died intestate without being put into legal possession of the property, include their information in the Affidavit and name the still living heirs who inherit through representation.

There should also be a listing of the decedent’s property, along with the values of the property.2 The legal description of any immovable property must be included.3 The heirs must swear under penalty of perjury that the information contained in the affidavit is true, correct, and complete to the best of their knowledge, information, and belief.4

A certified death certificate should be attached to the Affidavit.5

• 1La. C.C.P. art. 3432.
• 2Id.
• 3Id.
• 4La. C.C.P. art. 3432.
• 5La. C.C.P. art. 3434(C)(1). Act 44 of 2022 further simplified this procedure: “For recordation purposes, a photocopy of the certified death certificate may serve as, and take the place of, the certified copy of the death certificate.”

At least two persons, including the surviving spouse, must sign the Affidavit.1 If there is no surviving spouse, then at least two competent major heirs must sign.2 If the deceased had no surviving spouse and only one heir, the affidavit must also be signed by a second person who has actual knowledge of the matters stated therein.3 A natural tutor may also execute the affidavit on behalf of a minor child without the necessity of filing a petition pursuant to Article 4061.4

If there are any heirs who do not sign the Affidavit, the completed Affidavit must be mailed to their last known address(es), and they must be given at least 10 days to object.5 If any heir cannot be located after a diligent search, then that fact can be stated in the Affidavit. 

• 1La. C.C.P. art. 3432(A).
• 2Id.
• 3La. C.C.P. art. 3432(B).
• 4La. C.C.P. art. 3432(C).
• 5La. C.C.P. art. 3432(A)(4).

The Affidavit should be recorded in the conveyance records in every parish where the decedent owned immovable property.1  Affidavits should be recorded immediately so that the heirs will get notice of any adverse actions (e.g., code enforcement or tax sales) by the local parish governments. Certified copies of the Affidavit can be used as presumptive proof by any third party that the property has been transferred to the named heirs.2

• 1La. C.C.P. art. 3434(C)(1).
• 2La. C.C.P. art. 3434(C)(2).