Louisiana has raised the estate value cap for small succession affidavits from $125,000 to $200,000 for decedents domiciled in Louisiana at the time of death, effective August 1, 2026. The cap for non-residents remains $125,000. The change comes from Act 293 (House Bill 215), signed by Governor Jeff Landry during the 2026 Regular Session. If you are settling a loved one’s estate, this is meaningful: more families will now qualify for the simplified affidavit procedure instead of having to go through a full, court-supervised succession.
What Is a Small Succession Affidavit?
Louisiana’s small succession affidavit is a simplified procedure that lets heirs transfer movable property—bank accounts, vehicles, retirement funds, personal property—without opening a formal succession in court. The procedure is governed by La. C.C.P. art. 3431 and allows qualifying estates to skip the delays and expense of a full succession proceeding.
To use the affidavit, the estate must meet several requirements:
- The total value of the decedent’s estate—all assets, statewide—must not exceed the statutory limit (now $200,000 for Louisiana domiciliaries after Act 293; $125,000 for non-residents).
- The estate must contain no immovable property (i.e., no real estate, land, or mineral interests). If there is real property, the full succession process is required regardless of estate value.
- At least 45 days must have passed since the date of death.
- No succession proceeding can already be open in any Louisiana court.
When all conditions are met, the heir or heirs execute a notarized affidavit declaring the estate qualifies and identifying who inherits. That affidavit is then presented to the institution holding the asset—a bank, credit union, vehicle title office, or financial custodian—which releases the asset to the heirs without a court order.
What Act 293 Changes
Before Act 293, the estate value cap was $125,000. That figure had not been updated in years, and inflation had quietly priced out many families who would otherwise have qualified. A modest home sale or a retirement account that took decades to build could push a straightforward estate over the old limit, forcing heirs into full succession even when the underlying situation was simple.
House Bill 215, sponsored in the 2026 Regular Session, raised the cap to $200,000 for decedents domiciled in Louisiana at the time of death. The Governor signed the bill into law as Act 293, with an effective date of August 1, 2026.
| Before August 1, 2026 | After August 1, 2026 |
|---|---|
| Cap: $125,000 | Cap: $200,000 |
| HB 215 not yet effective | Act 293 in effect |
Who Benefits Most From This Change?
The families most likely to benefit are those dealing with modest estates that happen to include larger bank balances, IRA accounts, or the proceeds from a life insurance payout that went directly into a bank account (rather than to a named beneficiary). For example:
- A parent who left $175,000 in a checking and savings account with no real estate.
- A spouse who died with a vehicle, a retirement account, and a bank account totaling $185,000.
- An unmarried individual who owned personal property and a CD that together total $195,000.
Under the old law, all three of those families would have needed a full succession. Under Act 293, they may qualify for the affidavit procedure instead—saving months of time and potentially thousands of dollars in court costs and attorney fees.
What the Affidavit Still Cannot Do
Raising the dollar limit does not expand what the affidavit can cover. The procedure still applies only to movable property. If the estate includes any real estate—a house, a camp, raw land, a condo, a fractional interest in inherited property, or any mineral or royalty interest—the affidavit is not available, and a full court succession is required regardless of the estate’s total value.
Additionally, the affidavit does not clear title to real property. Families who use the affidavit for movable assets but also have real estate will still need to open a succession for the real property at some point, particularly if they intend to sell it.
How the Process Works in Practice
When heirs believe they qualify, here is how the affidavit procedure typically works:
- Verify the estate qualifies. Total all the decedent’s assets. Confirm there is no real estate. Confirm at least 45 days have passed since the date of death. Confirm no succession is already open.
- Identify the heirs. Whether the decedent left a will or died intestate, the affidavit must correctly identify who inherits under Louisiana law. Errors here can create title problems later.
- Draft and execute the affidavit. The affidavit must be notarized and must include the statutory recitals under La. C.C.P. art. 3431. It should also attach certified copies of the death certificate and, if there is a will, the will itself.
- Present to the institution. Banks, financial custodians, and the Office of Motor Vehicles are legally authorized to release assets to heirs upon presentment of a valid affidavit. They cannot require a court order.
The procedure sounds straightforward, but errors in identifying heirs, valuing the estate, or drafting the affidavit can create significant problems—particularly if the estate turns out to be worth more than $200,000, or if a piece of real property is discovered later. An attorney can review the estate, confirm the qualification, draft the affidavit, and flag any issues before they become disputes.
Succession Is Still Required for Larger Estates and Real Property
Act 293 expands access to the simplified procedure, but most Louisiana estates will still require a formal succession. If the estate exceeds $200,000 in total value, or if there is any real property at all, heirs need to go through the courts. Louisiana succession law involves specific rules about forced heirship, the rights of a surviving spouse, and the order of priority among heirs—rules that must be applied correctly to protect everyone’s interests.
If you are unsure whether the estate qualifies for the affidavit procedure, or if you need help settling an estate of any size, we can walk you through the options.
Questions About a Louisiana Estate?
Scott Law Group focuses exclusively on Louisiana succession and estate matters. If you need to determine whether an estate qualifies for the small succession affidavit under the new $200,000 limit, or if you have a larger estate that requires a full court succession, contact our office to speak with an attorney.