After a death in Louisiana

Small estates

Small succession affidavit (Louisiana Code of Civil Procedure articles 3421, 3431 and 3432). A small succession is one where the person lived in Louisiana and left property with a gross value of $125,000 or less as of the date of death, or where the death was at least 20 years before the affidavit is signed (any value). When the person died without a will, the family can settle it without opening a court succession by signing a sworn affidavit that lists the heirs, the property and each heir’s share. At least two people must sign, including the surviving spouse, if any, and one or more heirs. If there is no spouse and only one heir, a second person who knows the facts must also sign. A person who left a will can use this only in limited cases; otherwise the will goes through a court succession.

• Limit: $125,000 gross value, or any value if the death was at least 20 years ago
• Source: the official source

Probate court

In Louisiana, estates are handled by the District court of the parish (Civil District Court in Orleans Parish). Louisiana calls probate a succession., usually in the county where the person lived.

Creditor claims: Louisiana does not have a short claims deadline like most states. Creditors keep their normal time limits (prescription). Heirs who accept a succession can be responsible for its debts up to the value of what they receive.

Official court forms

Wills and Estates - Law Library of Louisiana

Guide from the Law Library of Louisiana that lists sources for succession forms, including the small succession affidavit.

Louisiana calls probate 'succession.' The courts post no official statewide succession form. Successions are handled by the clerk of court in the parish where the person lived.

Estate and inheritance tax

• State estate tax: No. Louisiana has no estate tax.
• Inheritance tax: No. Louisiana’s inheritance tax was repealed.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: No. Louisiana does not allow transfer on death deeds. Options include a revocable trust or a donation during life with a reserved usufruct.
• Community property state: Yes.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: A notarial testament is signed by the testator at the end and on each separate page, in front of a notary and two competent witnesses, with an attestation clause signed by all of them. An olographic (handwritten) testament needs no witnesses.

Handwritten wills: An olographic testament is valid if it is entirely written, dated and signed in the person’s own handwriting.

Power of attorney and health care directive

Financial power of attorney: A power of attorney is called a mandate or procuration under the Civil Code. If the agent will sign something that must be in authentic form, such as a sale of real estate, the mandate should be signed before a notary and two witnesses. Louisiana has not adopted the Uniform Power of Attorney Act.

Health care directive: Declaration concerning life-sustaining procedures (living will), signed in front of two competent adult witnesses who are not related by blood or marriage and would not inherit. It can be registered with the Secretary of State’s living will registry. A health care power of attorney is made as a mandate. LaPOST is the medical order form.

Death certificates

Certified copies come from the Louisiana Department of Health, Vital Records Registry. The funeral home can usually order them for you.

Fee and eligibility rules could not be confirmed.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

Louisiana follows civil law, not common law, and is a community property state. Children age 23 or younger, or of any age if permanently unable to care for themselves, are forced heirs and cannot be fully left out of a will.