A. When it is not necessary in accordance with the provisions of Article 3431 to open judicially a small succession, all of the heirs and legatees of the deceased, including the surviving spouse, if any, may execute one or more multiple originals of an affidavit, duly sworn before any officer or person authorized to administer oaths in the place where the affidavit is executed, setting forth all of the following:
Art. 3432.1.Affidavit For Small Succession For a Person Domiciled In Louisiana Who Died Testate; Contents
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 3432.1 sets the required contents of a small-succession affidavit for a Louisiana domiciliary who died testate leaving no Louisiana immovable property, requiring every heir and legatee to sign, an attached copy of the testament, and a waiver of any challenge to the testament's validity.
Full Text of Art. 3432.1
(1) The date of death of the deceased, and his domicile at the time thereof.
(2) The fact that the deceased died testate.
(3) The marital status of the deceased, the location of the last residence of the deceased, and the name of the surviving spouse, if any, and the surviving spouse's address, domicile, and location of last residence, together with the names and last known addresses of the heirs of the deceased, and identifying those of the heirs who are also forced heirs of the deceased.
(4) The names and last known addresses of the legatees of the deceased.
(5) A description of the movable property left by the deceased, including whether the property is community or separate, and an affirmation that the deceased died owning no immovable property in Louisiana.
(6) A showing of the value of each item of property subject to the jurisdiction of the courts of Louisiana, and the aggregate value of the property, at the time of the death of the deceased.
(7) A statement describing the respective interests in the property that each legatee has inherited and whether a usufruct of the surviving spouse attaches to the property.
(8) An attachment consisting of a copy of the testament.
(9) An affirmation that, by signing the affidavit, the affiant, if a legatee, has accepted the legacy of the deceased.
(10) An affirmation that, by signing the affidavit, each affiant expressly waives any right to challenge the validity of the testament or any of its provisions.
(11) An affirmation that, by signing the affidavit, the affiants swear under penalty of perjury that the information contained in the affidavit is true, correct, and complete to the best of their knowledge, information, and belief.
B. In addition to the powers of a natural tutor or curator otherwise provided by law, a natural tutor may also execute the affidavit on behalf of a minor child without the necessity of filing a petition pursuant to Article 4061, and a curator may also execute the affidavit on behalf of an interdict without the necessity of court authorization.
Amendment History
Amended by Acts 2024, No. 90, §1, eff. 8/1/2024. Amended by Acts 2020, No. 173, §1, eff. 8/1/2020. Acts 2012, No. 618, §1, eff. 6/7/2012.
Plain-English Summary
Article 3432.1 governs the affidavit available when a Louisiana domiciliary died testate under the conditions Article 3431 sets: no Louisiana immovable property, and every interested person willing to waive formal probate. Because a testament is involved, this affidavit demands unanimous participation from every heir and legatee, not the more limited two-signer approach that Article 3432 allows for an intestate estate, reflecting the higher stakes of binding everyone to a will's terms without a judge ever reviewing it.
The required content covers the date and domicile of death, the fact that the deceased died testate, marital status and the surviving spouse's information, the heirs' names and addresses, and, notably, an identification of which heirs also qualify as forced heirs, Louisiana's unique category of close descendants entitled to a minimum share of the estate regardless of what a testament provides. Flagging forced heirs matters here because their protections cannot be signed away lightly, so the affidavit must make their presence visible even in a process that never reaches a courtroom. The affidavit also lists the legatees, describes the movable property left by the deceased, since immovable property falls outside this affidavit's scope entirely, and states each item's value along with the aggregate.
Two affirmations carry real legal weight. A legatee's signature operates as acceptance of the legacy, and by signing, every affiant expressly waives any right to challenge the testament's validity or any of its provisions, the tradeoff that lets an estate settle through affidavit without a court ever testing whether the will holds up. A copy of the testament itself must be attached, and every affiant swears under penalty of perjury to the affidavit's accuracy and completeness. Paragraph B allows a natural tutor or curator to sign on behalf of a minor child or an interdict, mirroring the same shortcut Article 3432 provides for an intestate affidavit.
Frequently Asked Questions
Who must sign the small-succession affidavit for a Louisiana domiciliary who died with a will?
All of the heirs and legatees of the deceased, including the surviving spouse, if any.
Can this affidavit be used if the decedent owned Louisiana immovable property?
No. Article 3432.1 applies only where the deceased owned no immovable property in Louisiana, consistent with Article 3431's conditions for waiving probate of a testate Louisiana domiciliary's estate.
What happens to a forced heir's rights in this affidavit process?
The affidavit must identify which heirs also qualify as forced heirs, flagging their presence even though the process bypasses court review of the testament.
Does signing this affidavit waive the right to challenge the will?
Yes. Each affiant expressly waives any right to challenge the testament's validity or any of its provisions by signing.
What has to be attached to the affidavit?
A copy of the testament itself.
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
Also known as: small succession affidavit testate LouisianaArticle 3432.1 Louisianaforced heir small succession affidavitwill affidavit no immovable property Louisianalegatee signature small succession affidavit