Small successions: the $200,000 limit since August 1, 2026

Since August 1, 2026, a Louisiana succession counts as "small" when the person who died lived in Louisiana and left property worth $200,000 or less on the date of death. The old limit was $125,000. When there's no will, the family can often settle a small succession with a sworn affidavit instead of a court case, then record it so the heirs can sell the house.

For the whole path to a sale, see Selling an inherited house in Louisiana.

What changed on August 1, 2026

Act 293 of 2026 raised the limit in article 3421 of Louisiana's Code of Civil Procedure from $125,000 to $200,000. Three details matter:

• It's for people who lived in Louisiana. If the person lived in another state and left property here, the limit is still $125,000.
• It counts gross value. That's the value before debts, so a mortgage doesn't lower the total. If you're close to the line, ask a lawyer what counts.
• Old deaths have their own rule. If the person died at least 20 years before the affidavit is signed, the succession counts as small whatever it's worth.

Guides written before August 2026 show the old $125,000 limit, and some describe a 90-day wait and an attached death certificate that the legislature dropped in 2024.

Does the date of death matter?

The property is valued as of the date of death. But Act 293 doesn't say whether the new limit covers deaths before August 1, 2026. If your family member died before then and the property is worth between $125,000 and $200,000, ask a Louisiana attorney which limit applies before anyone signs.

When you can skip court

Article 3431 lets a family settle a small succession by affidavit, with no court case, when the person:

• lived in Louisiana and left no will;
• lived in Louisiana and left a will but no Louisiana real estate, and the surviving spouse and everyone who would inherit agree to skip probate; or
• lived in another state and left no will, or left a will that a court there has already probated.

So if a Louisiana resident left a will and a house here, the affidavit isn't an option. The succession goes through court, though being small still helps: court costs are half the usual.

Any small succession can also go through court the ordinary way, ending with a judgment of possession.

What the affidavit needs

For someone who left no will, article 3432 sets the rules:

• Who signs. At least two people, including the surviving spouse, if there is one, and at least one heir. With no spouse, at least two heirs sign. If there's only one heir, a second person who knows the facts signs too.
• Heirs who don't sign. The affidavit must say each one couldn't be found after a real effort, or got 30 days' notice by U.S. mail and didn't object.
• What it says. The date of death and where the person lived, their marital status, and each heir's name, address, relationship and share. It describes each piece of property, says whether it was community or separate, and gives each item's value and the total. It also says whether a surviving spouse keeps a usufruct, the right to use the property.
• The oath. Everyone signs under oath before someone who can give one, such as a notary. An heir who signs accepts the succession.

A surviving parent, as the child's natural tutor, can sign for a minor child without filing a petition.

Using it for a house

For a house or land, the affidavit has to be recorded in the conveyance records of the parish where the property is. Once it's recorded, it's evidence of who the heirs are and what each one owns. That's what lets the heirs sign a sale. Ask the title company or closing attorney early what else they'll want to see, and read what you still have to disclose when you sell as-is.

When to talk to an attorney first

• The person died before August 1, 2026, and the property is worth between $125,000 and $200,000.
• There's a will and Louisiana real estate.
• An heir objects, or someone may have been left out.
• The debts might be more than the property is worth. Heirs who accept owe the estate's debts only up to the value of what they receive, and signing the affidavit counts as accepting.
• The person owned property in another state too.

Your options

Once the affidavit is recorded, the heirs decide what happens to the house together:

• Keep it. One heir can live there, or buy out the others at a price everyone agrees on.
• Rent it out. The owners share the rent and the costs, including insurance on a house none of them lives in.
• List it with an agent. If the house is in good shape and there's no rush, listing usually brings the highest price, even after commission and the months on the market.
• Sell it as-is for cash. Simpler when the house needs work, the heirs live far apart or nobody wants to clear it out. A cash offer is usually below what a repaired, listed house would bring.

Free help

• Southeast Louisiana Legal Services helps people who qualify with uncontested successions, in 22 parishes. Call 1-844-244-7871 or apply online.
• Self-help by parish: the Louisiana State Bar Association lists self-help centers and forms for each parish.
• HUD-approved housing counselors help for free or at very low cost if there's a mortgage on the house. Use the CFPB's search or call (800) 569-4287.

How Passkey can help

Once the affidavit is recorded, the heirs can sell. If you'd rather not fix up or clean up the house, ask us for a written cash offer within 24 hours. We buy as-is, with no fees or commission, and you pick the closing date. To weigh that against listing, see cash buyer or listing. Get my cash offer or call (985) 317-2695.

Questions

Is there a Louisiana inheritance tax?

Not for deaths after June 30, 2004, according to the Louisiana Department of Revenue. Federal taxes are a separate question for a tax professional.

Does a small succession go to court?

Not if you can use the affidavit. If it does, court costs are half the usual.

What if one heir won't sign?

An heir who doesn't sign has to get 30 days' notice by mail. If they object, the affidavit won't work, and the family will need a court succession. Talk to an attorney.