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Louisiana Small Estate Affidavit

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Affidavit of Small Succession

State of Louisiana

Department of Revenue

P. O. Box 201

Baton Rouge, LA 70821-0201

This is to be used only for estates that meet all the requirements in the declaration below.

Estate of

Marital status of decedent

Address of decedent at time of death (number and street, city, state, ZIP)

Date of death

Decedent’s Social Security Number

Designated parish of decedent

Declaration

Upon my/our oath, I/we solemnly swear that the information on this form and the following statements are true and correct:

  1. The decedent died intestate (i.e., no will);
  2. The value of the decedent’s succession does not exceed $50,000 (based on gross assets);
  3. The decedent’s estate contains no immovable property (i.e., real estate); and,
  4. The decedent’s sole heirs are his/her descendants, ascendants, brothers or sisters, or descendants thereof, or surviving spouse.

Under the penalties of perjury, I/we declare that this affidavit, including any accompanying schedules and statements, is to the best of my/our knowledge and belief, a true, correct, and complete identification of the death circumstances and legal heirship of the named decedent.

(If more than four, please attach supplementary list.)

Enter name and address of heir.

Name

Address

City, State, ZIP

Relation

SSN#

Signature

Enter name and address of heir.

Name

Address

City, State, ZIP

Relation

SSN#

Signature

Enter name and address of heir.

Name

Address

City, State, ZIP

Relation

SSN#

Signature

Enter name and address of heir.

Name

Address

City, State, ZIP

Relation

SSN#

Signature

(If more than four, please attach supplementary list.)

Enter name and address of surviving spouse.

Name

Address

City, State, ZIP

Telephone

Signature

Enter name and address of preparer.

Name

Address

City, State, ZIP

Telephone

Signature

  • A descriptive list (or inventory) and values of property owned by the decedent at date of death must accompany affidavit.
  • An inheritance tax return (Form IETT-100) must accompany this affidavit if the gross estate is $15,000 or more, or if any taxes are due.
  • This affidavit must be notarized before it is submitted to the Secretary of Revenue.

For office use only. Do not write in this block.

Based upon the foregoing facts, inheritance tax in the amount of $

is due and has been paid to the State of Louisiana.

By

Louisiana Department of Revenue

Telephone: (225) 219-0067

Date:

Sworn to and subscribed before me this

day of ,

Notary Public

For assistance with inheritance tax questions, call the Inheritance, Gift, and Estate Transfer Taxes Section at (225) 219-0067, TDD (225) 219-2114, or write to:

Louisiana Department of Revenue

Inheritance, Gift, and Estate Transfer Taxes Section

P. O. Box 201

Baton Rouge, LA 70821-0201

The Department of Revenue retains the right of review under Article 2954 of the Code of Civil Procedure.

Enter text✕

Overview of the Louisiana Small Estate Affidavit

A Louisiana Small Estate Affidavit is a sworn written statement used to transfer certain assets of a deceased person without initiating a full succession (probate) proceeding. It provides a simplified, expedited path for transferring personal property and limited assets to heirs or designated beneficiaries when the estate value falls within statutory small-estate thresholds. The affidavit is signed by an eligible affiant, typically a surviving spouse or an heir, and is presented to custodians of assets such as banks, insurance companies, and vehicle registries to effect release or transfer.

When this affidavit matters for settling modest estates

The Small Estate Affidavit streamlines transfers, reduces court time, and lowers costs compared with formal succession. It is intended for estates that qualify under state thresholds and where no formal executor or complex creditor issues exist.

When this affidavit matters for settling modest estates

Typical users and practical roles

People who commonly use a Louisiana Small Estate Affidavit include close family members, personal representatives in informal estates, and administrative staff at institutions accepting the affidavit.

  • Surviving spouse handling bank account releases and household property transfers without full probate.
  • Adult children collecting retirement or brokerage accounts when the estate qualifies as small.
  • Estate administrators who need a low-cost method to transfer vehicles, bank funds, or personal effects.

Institutions such as banks, parish clerks, and motor vehicle offices also interact with the affidavit when verifying authority to release assets.

Who signs and who advises

Estate Representative

A close relative or heir who meets statutory eligibility signs the affidavit and attests under oath to the decedent's assets and heirs. The representative must provide accurate identity information and may need to present the decedent's death certificate and supporting documentation to custodians.

Probate Attorney

A probate attorney often reviews the affidavit for completeness and compliance with Louisiana law, advising on asset thresholds, creditor concerns, and whether a formal succession is advisable based on estate complexity.

How to complete a Louisiana Small Estate Affidavit, step by step

Follow a concise sequence: confirm eligibility, gather documents, complete the affidavit, sign before a notary, and present to asset holders.

  • 01
    Confirm eligibility: Determine whether estate value fits small-estate rules.
  • 02
    Gather documents: Collect death certificate and account statements.
  • 03
    Complete affidavit: Fill all required fields accurately and fully.
  • 04
    Notarize and present: Sign before notary and provide to custodians.

Where to file and how transfers are completed

The completed and notarized affidavit is provided to the party holding the asset; filing requirements vary by asset type and custodian.

  • Banks: Present affidavit and death certificate to release funds.
  • Motor vehicle office: Provide affidavit and title for vehicle transfer.
  • Parish clerk: Some custodians request filing with the parish clerk.
  • Insurance companies: Affidavit may suffice to claim small policy proceeds.

How to complete and submit the affidavit online

An online workflow can streamline preparation, notarization, and delivery to custodians when digital signing and RON are accepted.

Field Configuration
Upload PDF Start with an editable PDF or scanned affidavit.
Add fields Place text, signature, and date fields on the form.
Assign signers Specify affiant as signer and set notarization role.
Authentication Select email, SMS, or ID verification per custodian rules.

Technical considerations for eCompletion and delivery

Ensure the chosen platform supports required file formats, signer authentication, and the notary workflow your custodian accepts.

  • File formats: PDF and DOCX supported by most custodians.
  • Integrations: Connectors to cloud storage simplify evidence delivery.
  • Authentication: Use stronger signer verification when required.

Verify that the receiving institution specifically accepts electronic or remotely notarized affidavits before relying solely on e-submission.

Common timelines and processing expectations

Processing times depend on custodian policies and local court workload; plan for variable turnaround when submitting an affidavit.

Typical filing window:

File as soon as practicable after the decedent's death to avoid delays.

Document review time:

Custodians often review within 7–30 business days, depending on backlog.

Bank funds release:

Banks commonly require 7–21 days to verify and release account funds.

Title or vehicle transfer:

Motor vehicle offices may process transfers in 2–6 weeks.

Contestation period:

Allow time for contested claims or creditor notices before final distribution.

Common pitfalls to avoid

  • Submitting unsigned or unnotarized affidavits, which custodians will typically reject and return.
  • Listing incomplete asset details such as partial account numbers or missing VINs, causing delays in identification and release.
  • Failing to confirm custodian acceptance of electronic or remotely notarized affidavits, leading to additional in-person steps.
  • Underestimating creditor or tax obligations, which can result in later claims against distributed assets.

Consequences of errors or misuse

Affidavit rejection: Delay in asset transfers
Civil liability: Claims by heirs or creditors
Criminal risk: False statements may carry penalties
Tax exposure: Unreported income or wrong filings
Custodian refusal: Requirement for formal succession
Lost time: Additional legal fees and processing

Practical tips for accurate, efficient completion

Applying consistent document controls and verification checks reduces rejections and speeds asset release.

Confirm estate threshold
Verify that the estate falls within your state’s small-estate monetary limits before relying on the affidavit; otherwise, formal succession may be required.
Use certified copies
Provide an official death certificate and certified account statements where possible to satisfy custodian verification and avoid additional requests.
Notarize properly
Sign in the presence of a commissioned notary public and follow any RON or in-person notarization rules accepted by the recipient.
Keep records
Maintain copies of the affidavit, supporting documents, and communications for the retention period applicable to taxes and disputes.

Real-world scenarios where a small estate affidavit is used

Practical examples illustrate how the affidavit resolves common low-complexity estate transfers without full succession.

Bank Account Release

A surviving spouse files the affidavit to claim a single checking account under the small-estate threshold.

  • The bank verifies identity and documents.
  • After acceptance the bank releases funds to the affiant, avoiding a formal succession and reducing costs and processing time.

Vehicle Transfer

An adult child uses the affidavit to transfer a car title when the estate qualifies as small.

  • The motor vehicle office checks title and identification.
  • Upon acceptance the title is reissued in the heir’s name, enabling sale or continued use without probate.

eSignature vendor comparison for completing affidavits

Compare basic plan features and compliance posture across vendors commonly used to prepare, notarize, and deliver signed affidavits.

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Frequently asked questions about the Louisiana Small Estate Affidavit

Answers to common questions help avoid processing delays and ensure the affidavit meets custodian and court expectations.


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