A. It shall not be necessary to open judicially the small succession of any of the following persons:
Art. 3431.Small Successions; Judicial Opening Unnecessary
Book VI. Probate Procedure · Title V. Small Successions · Chapter 2. When Judicial Proceedings Unnecessary · Last amended 2024 · Last verified July 30, 2026
In one sentenceArticle 3431 identifies which small successions never need a judicial proceeding at all, covering a Louisiana domiciliary who died intestate, a Louisiana domiciliary who died testate leaving no Louisiana immovable property if everyone who would inherit agrees to waive probate, and most nonresident decedents, and lets a public administrator use the same affidavit shortcut for unclaimed small estates.
Full Text of Art. 3431
(1) A person domiciled in Louisiana who died intestate.
(2) A person domiciled in Louisiana who died testate leaving no immovable property in Louisiana, if the surviving spouse, all persons who would inherit under the testament, and all other persons who would inherit in the absence of a testament agree to waive probate of the testament.
(3) A person domiciled outside of Louisiana who died intestate or whose testament has been probated by court order of another state.
B. Any person appointed as public administrator by the governor may use the affidavit procedure of this Chapter to take possession of the estate of the deceased, if the estate of the deceased would qualify as a small succession, for transmittal to the state, provided that there is no surviving spouse or other heir present or represented in the state and provided that the public administrator has advertised one time in the official journal of the parish where a succession would have been opened in accordance with Article 2811 and verifies that no notice of opposition has been received.
C. The legal notice required in Paragraph B of this Article shall read as follows:
"Notice is hereby given to any heirs or creditors of __________ that _________, Public Administrator for the parish of _______________, intends to administer the intestate succession of __________________, under the provisions of Small Successions as set forth in Chapter 2 of Title V of Book VI of the Code of Civil Procedure.
Anyone having an objection to the administration of the succession should notify ________________ at _________________________________." D. Repealed by Acts 2011, No. 323, § 2, eff. June 29, 2011.
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 1984, No. 623, §1, eff. 7/12/1984; Acts 1990, No. 701, §1; Acts 1995, No. 111, §1; Acts 2006, No. 257, §1, eff. 6/8/2006; Acts 2009, No. 81, §1, eff. 6/18/2009; Acts 2011, No. 323, §§1, 2, eff. 6/29/2011; Acts 2012, No. 618, §1, eff. 6/7/2012.
Plain-English Summary
Article 3421 decides whether an estate is small; Article 3431 decides whether that small estate still needs a judge. The two questions are distinct, and this article opens the door to Chapter 2's affidavit-only path by describing the specific circumstances under which judicial opening of a small succession is unnecessary altogether.
Paragraph A lists three categories. The first is a person domiciled in Louisiana who died intestate, meaning without a will; no waiver is required because there is no testament to waive probate of. The second is a Louisiana domiciliary who died testate but left no immovable property in Louisiana, and only if the surviving spouse, everyone who would inherit under the testament, and everyone who would inherit if there were no testament all agree to waive probate. Immovable property gets treated more cautiously because of the title and recordation concerns that come with land, while an estate made up only of movables can proceed without a judge if every interested person consents. The third category covers a person domiciled outside Louisiana who died intestate, or whose testament has already been probated by another state's court order, tying this article back to Title IV's ancillary-probate framework and to Article 3405's recognition of testaments probated elsewhere.
Paragraph B addresses a different situation: an unclaimed small estate with no surviving spouse or other heir present or represented in the state. The public administrator appointed by the governor can use the same affidavit procedure to take possession of that estate for transmittal to the state, but only after publishing the notice set out in Paragraph C in the official journal of the parish where the succession would have been opened, and confirming that no objection came in response. That process functions as a streamlined path for handling estates that would otherwise sit unadministered for lack of any known heir.
Paragraph D of the original article was later repealed, leaving the article's substantive scope as described above.
Frequently Asked Questions
When can a Louisiana small succession skip judicial proceedings entirely?
When the decedent was a Louisiana domiciliary who died intestate; a Louisiana domiciliary who died testate with no Louisiana immovable property and everyone who would inherit agrees to waive probate; or a nonresident who died intestate or whose will was already probated elsewhere.
Do all the heirs have to agree to skip probate of a will?
Yes, for a Louisiana domiciliary who died testate. The surviving spouse, everyone who would inherit under the testament, and everyone who would inherit in its absence must all agree to waive probate, and the estate must include no Louisiana immovable property.
Can a nonresident's small succession in Louisiana avoid a Louisiana court proceeding?
Generally yes, if the nonresident died intestate or if the testament was already probated by court order in another state.
What can a public administrator do with an unclaimed small estate?
Use the affidavit procedure to take possession of the estate for transmittal to the state, after publishing the required notice and confirming no objection was received, when there is no surviving spouse or heir present or represented in Louisiana.
What's the difference between Article 3421 and Article 3431?
Article 3421 defines which successions qualify as small based on value or the age of the death. Article 3431 then decides, for a qualifying small succession, whether a judicial proceeding can be skipped entirely.
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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