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Art. 3421.Small Successions Defined

Book VI. Probate Procedure · Title V. Small Successions · Chapter 1. General Dispositions · Last amended 2024 · Last verified July 30, 2026

In one sentenceArticle 3421 defines a small succession as the succession of a Louisiana domiciliary or the ancillary succession of a nonresident, in either case leaving property valued at one hundred twenty-five thousand dollars or less at death, or as any succession, regardless of property value, where death occurred at least twenty years before the small-succession affidavit is executed.

Full Text of Art. 3421

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A small succession, within the meaning of this Title, is any of the following:
(1) The succession of a person who died domiciled in Louisiana and who died leaving property with a gross value of one hundred twenty-five thousand dollars or less valued as of the date of death.
(2) The ancillary succession of a person who died domiciled outside of Louisiana and who died leaving property in Louisiana with a gross value of one hundred twenty-five thousand dollars or less valued as of the date of death.
(3) The succession of a person whose date of death occurred at least twenty years prior to the execution of a small succession affidavit and who died leaving property in Louisiana of any value.

Amendment History

Amended by Acts 2024, No. 90, §1, eff. 8/1/2024. Amended by Acts 2020, No. 173, §1, eff. 8/1/2020. Amended by Acts 2017, No. 96, §1, eff. 8/1/2017. Amended by Acts 1976, No. 187, §1, eff. 1/1/1977; Acts 1979, No. 71, §1, eff. 1/1/1980; Acts 1980, No. 582, §1; Acts 2009, No. 81, §1, eff. 6/18/2009; Acts 2011, No. 323, §1, eff. 6/29/2011; Acts 2012, No. 618, §1, eff. 6/7/2012.

Plain-English Summary

Article 3421 is the gateway to all of Title V. Every simplification the small-succession track offers, the reduced court costs of Article 3422, the affidavit-only path of Chapter 2, and the streamlined judicial track of Chapter 3, depends on an estate first qualifying as a small succession under this definition.

Three separate paths lead to that qualification. The first covers a person who died domiciled in Louisiana, leaving property with a gross value of one hundred twenty-five thousand dollars or less as of the date of death. The second extends the same dollar threshold to an ancillary succession, the succession of a person domiciled outside Louisiana who left property here, so long as that Louisiana property's value falls within the same limit; a decedent's overall wealth elsewhere in the world does not disqualify the Louisiana portion of the estate. The third path ignores value altogether: any succession where the decedent's death occurred at least twenty years before the affidavit is executed qualifies as small regardless of what the property is worth, a mechanism aimed at clearing title on estates that were never formally settled, often because heirs let the matter sit for a generation or more.

Value under the first two paths is measured as gross value, not net of debts, and as of the date of death rather than the date the affidavit or petition is prepared. The dollar figure itself has moved over the years, most recently in 2024, reflecting the legislature's periodic adjustment of the threshold. Once an estate clears one of these three gates, Chapter 2 offers the option to skip a judicial proceeding entirely through a sworn affidavit, while Chapter 3 provides a scaled-down judicial alternative for estates that still need court involvement.

Frequently Asked Questions

What is the dollar threshold for a small succession in Louisiana?

One hundred twenty-five thousand dollars or less in gross property value, measured as of the date of death, under either of the first two paths in Article 3421.

Can a nonresident's property in Louisiana qualify as a small succession?

Yes. The ancillary succession of a person domiciled outside Louisiana qualifies if the Louisiana property left behind has a gross value of one hundred twenty-five thousand dollars or less.

Does a small succession's property value ever not matter?

Yes. Under the third path, any succession qualifies as small, regardless of the property's value, if the decedent's death occurred at least twenty years before the small-succession affidavit is executed.

Is the value measured by the estate's net worth or gross assets?

Gross value, not value net of debts, and measured as of the date of death.

Why does qualifying as a small succession matter?

It unlocks Title V's cost reductions and simplified procedures, including the option to avoid a judicial proceeding entirely through the affidavit process in Chapter 2.

Source & verification. Article text is reproduced verbatim from the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source
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