Extrajudicial (Out-of-Court) Successions in Louisiana — How They Work

Not every Louisiana estate requires a formal court proceeding. In limited circumstances, an intestate estate can be settled through an extrajudicial succession — a process that allows heirs to distribute estate assets without filing pleadings in court.

What Is an Extrajudicial Succession?

An extrajudicial succession is a simplified method for settling a Louisiana intestate estate (one where the decedent died without a will) by executing an affidavit rather than filing a formal succession petition with the court. The affidavit authorizes banks and other institutions holding estate assets to release those assets to the heirs.

The term “extrajudicial” simply means “outside of court.” The heirs still follow a structured legal process — they are just not required to file pleadings with and obtain orders from a court.

Requirements for an Extrajudicial Succession

Louisiana law imposes strict requirements that must all be met for an extrajudicial succession to be available:

1. The decedent must have died intestate — without a will or a valid estate plan that controls the distribution. Extrajudicial succession is not available for testate estates.
2. The estate must include no immovable property (no real estate). Real estate requires a judgment of possession from a court and cannot be transferred through an extrajudicial affidavit alone.
3. All heirs must be within the qualifying family categories. Heirs must be limited to descendants (children, grandchildren), ascendants (parents, grandparents), a surviving spouse, siblings, or descendants of siblings. If the heirs are more distant relatives, the extrajudicial procedure is not available.
4. The estate value must not exceed the current statutory limit set by Louisiana law. This monetary threshold limits which estates qualify.

All four conditions must be satisfied. If any one of them is not met, the estate must go through the standard judicial succession process.

How the Extrajudicial Process Works

When all requirements are met, the heirs execute a sworn affidavit that:

• Identifies the decedent and the heirs
• Describes the estate’s assets
• Attests to the legal relationships among the heirs
• Authorizes the holder of the assets (bank, employer, etc.) to release them to the heirs

Holders of estate assets — banks, financial institutions, employers with unpaid wages — may rely on the affidavit to make payments or transfers to the heirs without requiring a court order. Once done, heirs may also need to prepare any applicable Louisiana inheritance tax return and pay any taxes that are due.

When Extrajudicial Succession May Not Be the Best Choice

Even when an estate technically qualifies for extrajudicial succession, a judicial proceeding may sometimes be preferable. For example:

• If any institutions are refusing to accept an affidavit and require a court order, a judicial proceeding may be necessary anyway
• If there are any potential disputes among heirs, the formality and court supervision of a judicial succession can prevent those disputes from escalating
• If creditor claims exist, a judicial proceeding provides more structured protection for heirs

Getting the Right Advice

Louisiana succession law has many options — extrajudicial succession, small succession affidavit, formal succession, and succession without administration — each with different requirements and tradeoffs. The right choice depends on the specific facts of the estate. An attorney can quickly assess which procedure applies and guide you through it correctly.

Contact Scott Law Group — Estate Counsel or call (504) 264-1057 to find out which succession procedure applies to your situation.

This article provides general information about Louisiana succession law and is not legal advice for your specific situation.