In the days after a spouse or parent dies, most families face an immediate practical problem: bills still come due, funeral costs need to be paid, and the bank accounts holding the money are frozen the moment the bank learns of the death. Louisiana law provides three specific statutes that let surviving family members get limited amounts of money out of a decedent’s accounts quickly — without waiting for a full succession to be completed.
This page walks through each of those statutes in practical detail: who qualifies, how much money you can access, what affidavit you need, and the common problems families run into when they try to use these procedures. If you’re in the first week after a loved one’s death and trying to figure out how to pay the funeral home, this is the answer.
The three statutes in brief
Louisiana provides three distinct legal tools for immediate access to a decedent’s money:
- La. R.S. 9:1513 — The surviving spouse may withdraw up to $10,000 from bank accounts in the decedent’s name, whether the account is held jointly or solely by the decedent.
- La. R.S. 6:315.1 — When the decedent died without a will (intestate), the surviving spouse and heirs may collectively withdraw up to $5,000 from a bank account in the decedent’s name.
- La. R.S. 9:1515 — The surviving spouse and children may receive up to $6,000 in unpaid wages from the decedent’s employer.
These three procedures are separate and can sometimes be used in combination. They do not require opening a succession. They do not require court approval. Each requires a specific affidavit and each has its own qualifying conditions.
Procedure 1: Surviving spouse — up to $10,000 (La. R.S. 9:1513)
This is the most widely used immediate-access procedure in Louisiana. Any surviving spouse of a decedent — regardless of whether the decedent left a will — may withdraw up to $10,000 from bank accounts using a sworn affidavit.
Who qualifies
Only the surviving spouse. Not the children, not other relatives. The spouse must have been legally married to the decedent at the time of death (a separated-but-not-divorced spouse still qualifies).
What accounts are covered
Accounts in the decedent’s name alone, or accounts held jointly in the names of the spouses. Accounts held by the decedent with other people (a child, for example) are not covered by this statute.
What the affidavit must say
The affidavit is presented to the bank by the surviving spouse. It must include:
- The full name of the decedent and the date of death
- The full name of the surviving spouse
- A sworn statement that the total amount withdrawn from all accounts under this procedure does not exceed $10,000
- A sworn statement that the surviving spouse is aware they may be required to account for the funds in any subsequent succession
The affidavit must be notarized. Many banks provide their own standardized affidavit form for this purpose — ask the branch for their “survivor affidavit” or “small estate withdrawal” form.
Important limitations
The $10,000 is a cumulative cap across all accounts at all banks, not a per-bank limit. If you withdraw $7,000 from Bank A using this procedure, you can only withdraw $3,000 more using this procedure from any other account.
The funds withdrawn are still part of the decedent’s estate for accounting purposes. When a full succession is eventually opened, the amounts taken under this statute are credited against the spouse’s ultimate distributive share.
What this procedure does NOT do
It does not transfer ownership of the account. It’s just an immediate-access mechanism. The rest of the money in the account remains frozen until a succession is completed or a small succession affidavit is executed. If you withdraw $10,000 but the account has $80,000 in it, the remaining $70,000 is not available under this procedure.
Procedure 2: Intestate heirs — up to $5,000 (La. R.S. 6:315.1)
This is a less-commonly-used procedure because it requires the decedent to have died without a will.
Who qualifies
The surviving spouse and the intestate heirs. They must act together (jointly) — the money is released collectively, not individually.
When it applies
Only when the decedent left no valid will (intestate). If there is any will at all, even one that doesn’t cover all the assets, this procedure is generally not available.
What the affidavit must say
The affidavit presented to the bank must establish:
- The identity and date of death of the decedent
- That the decedent left no will (jurisdictional statement)
- The names and relationships of the surviving spouse and heirs
- A request for release of funds up to $5,000
Why this procedure is used less often
For an intestate decedent with a surviving spouse, the spouse can usually use the $10,000 procedure under La. R.S. 9:1513 instead, which is better. This $5,000 procedure is useful primarily when:
- The decedent had no surviving spouse (only children or other heirs)
- The surviving spouse has already exhausted their $10,000 under the other statute and more is needed
Procedure 3: Unpaid wages — up to $6,000 (La. R.S. 9:1515)
This procedure is specific to wages owed by an employer, not to bank accounts.
Who qualifies
The surviving spouse and children of the deceased employee.
What’s covered
Wages earned by the decedent but not yet paid at the time of death. This can include salary, commissions, vacation pay, and other earned compensation. Total is capped at $6,000.
What the affidavit must say
The affidavit is presented to the decedent’s employer. It must state:
- The name and address of the decedent employee
- The date and place of death
- The relationship of the person requesting payment
- The name and address of the surviving spouse and children (if any)
- Any additional information the employer reasonably requires
Employers often have their own form. Some HR departments will require a certified death certificate in addition to the affidavit.
What a typical first-week timeline looks like
Here’s how these statutes typically get used in a practical timeline after a death:
Day 1–3: Order 10+ certified death certificates from the parish recorder or Louisiana Bureau of Vital Records. Begin gathering financial documents.
Day 3–5: Funeral arrangements are being made. The funeral home typically wants payment or a signed agreement to pay.
Day 5–7: Prepare and notarize the appropriate affidavit (your attorney can do this for you; some banks provide their own). If the decedent was employed, contact HR about any unpaid wages.
Day 7–14: Present the affidavit to the bank. Most banks process the withdrawal in 24–72 hours once the affidavit is received. The funds can then be used to pay funeral expenses and other immediate bills.
Day 14+: Begin assessing whether a small succession or full succession is needed for the remaining assets.
The immediate-access procedures are designed to bridge the gap between the death and the eventual succession. They’re not a substitute for the succession itself — they just prevent the family from being stranded financially in the intervening weeks.
Common problems and how to solve them
“The bank won’t accept my affidavit”
This happens for several reasons:
- The bank has its own form and prefers you use it. Ask.
- The affidavit is missing a required element. Your attorney can fix this.
- The branch manager is unfamiliar with the statute. Louisiana banks must accept properly-executed affidavits under these statutes. Ask the branch to escalate to their legal or compliance department.
- The account is held in a form that doesn’t qualify (for example, a trust account in the decedent’s name as trustee for someone else — those don’t qualify).
If a bank flat-out refuses a facially valid affidavit, an attorney letter citing the statute usually resolves it within a day or two.
“The decedent had a safe deposit box”
Louisiana has separate procedures for access to safe deposit boxes after death, not covered by the statutes above. Generally, a surviving spouse or other authorized person can get limited access to the box in the presence of a bank officer to retrieve specific items (wills, burial instructions), but taking contents of the box requires either succession or specific court authorization. Speak with a succession attorney before accessing the box.
“The account has a lot more than $10,000 in it”
The immediate-access statutes only cover a small cap. If the decedent had an account with $80,000 and there’s no POD/TOD beneficiary, the $10,000 withdrawal is all you can get this way. The remaining $70,000 requires either a small succession affidavit (if the total succession estate is under $125,000) or a full succession judgment of possession.
“I’m not married to the decedent, but we lived together for years”
Louisiana does not recognize common-law marriages (with very narrow exceptions for marriages established in other states before moving to Louisiana). A long-term unmarried partner is not a surviving spouse and cannot use La. R.S. 9:1513. This is a painful finding for many clients — and a reason unmarried couples who are financially intertwined should have estate planning in place.
“The decedent named me on the account as a ‘joint owner’ years ago”
If the account was structured as a true joint account with rights of survivorship, you may simply take ownership as the surviving joint holder — no affidavit required. But “joint” accounts in Louisiana are often actually convenience accounts where the decedent’s money remains their own, and death doesn’t automatically transfer ownership. The bank can tell you which type the account is.
“We haven’t agreed on how to split the estate”
Disagreements among heirs can complicate immediate-access withdrawals. The surviving spouse can still use the $10,000 procedure regardless of what other heirs think (it’s their right, not a collective decision). The $5,000 heirs’ procedure generally requires the heirs to act together, so disagreements can block it.
What happens to the withdrawn money?
Funds withdrawn under these statutes are not “yours to keep” in an absolute sense. They are part of the decedent’s estate, and when a full succession is eventually opened (if one is required), the amounts withdrawn will be accounted for as advances against the person’s share.
In practice, for most families, this matters very little — the surviving spouse is usually the principal heir of the community property anyway, and the withdrawn funds are applied against their ultimate share without issue. But if the estate is contested or if other heirs have significant interests, the withdrawals need to be tracked and accounted for.
Moving beyond the immediate-access statutes
Once you’ve used the immediate-access procedures to cover urgent costs, the next step is determining whether the remaining estate requires a succession.
If the remaining estate is under $125,000 (excluding assets that transfer automatically), a small succession affidavit is usually enough to handle the rest. See our library article on small succession affidavits and judicial administrations.
If the estate is over $125,000 or if there’s a will that needs to be probated, you’ll need a full succession. Our FAQ on when a succession is required helps you determine which path applies.
Frequently asked questions
Can I use all three statutes together?
Sometimes. If the decedent was intestate, was married, and was employed at death, the surviving spouse could potentially access:
- $10,000 under La. R.S. 9:1513
- $5,000 collectively with heirs under La. R.S. 6:315.1 (though this is usually redundant when the spouse can use the $10K procedure)
- $6,000 in unpaid wages from the employer under La. R.S. 9:1515
Total potential: up to ~$21,000 without a succession. Realistic total for most families is lower, because the statutes don’t fully stack in all circumstances.
How long does it take to get the money?
Once the affidavit is prepared and notarized, most banks process the withdrawal within 24–72 hours. Employers can be faster or slower depending on payroll cycles — typically within one pay period.
Do I need an attorney to use these procedures?
Not legally required. Practically, most families use an attorney because the affidavits have specific requirements and a mistake can cause the bank to reject the request. An attorney-prepared affidavit is usually worth the small cost to avoid delay.
What if the decedent had multiple bank accounts at multiple banks?
The $10,000 cap is cumulative across all accounts at all banks. You’d present the same affidavit (or a revised one) at each bank, and the bank would release funds up to the remaining cap. Most attorneys recommend going to the bank holding the largest account first to maximize usage.
What if the decedent lived in another state but had a Louisiana bank account?
Louisiana’s procedures apply to accounts held at Louisiana banks regardless of where the decedent lived. A surviving spouse of an out-of-state decedent can use La. R.S. 9:1513 for the Louisiana account, though an ancillary Louisiana succession may still be required for other Louisiana property.
Can I use these procedures to pay non-funeral bills?
The statutes don’t restrict how the funds are used. Most families use them for funeral costs first, then for essential bills (utilities, the decedent’s final rent or mortgage, etc.). The surviving spouse isn’t legally required to use the funds for specific purposes.
If you need help preparing an affidavit for immediate access to a decedent’s funds, or if a bank has refused a facially valid affidavit, contact Scott Law Group – Estate Counsel or call us at (504) 264-1057. We can usually prepare and notarize an affidavit within a day or two, and we know the common bank-specific variations that come up in Louisiana.
This article provides general information about Louisiana succession law and is not legal advice. Specific situations should be reviewed with a qualified Louisiana attorney.