A. When it is not necessary in accordance with the provisions of Article 3431 to open judicially a small succession, at least two persons, including the surviving spouse, if any, and one or more heirs of the deceased, 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.Affidavit For Small Succession For a Person Who Died Intestate; 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 lists what a small-succession affidavit must contain when the decedent died intestate, requiring at least two signers, including the surviving spouse and one or more heirs, and setting out the death, marital status, heirs, property description and value, respective inheritance shares, and sworn statements of accuracy and acceptance.
Full Text of Art. 3432
(1) The date of death of the deceased, and his domicile at the time thereof.
(2) The fact that the deceased died intestate.
(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.
(4) The names and last known addresses of the heirs of the deceased, their relationship to the deceased, and the statement that an heir not signing the affidavit either:
(a) Cannot be located after the exercise of reasonable diligence.
(b) Was given thirty days' notice by United States mail of the affiants' intent to execute an affidavit for small succession and did not object.
(5) A description of the property left by the deceased, including whether the property is community or separate, and which, in the case of immovable property, shall be sufficient to identify the property for purposes of transfer.
(6) A showing of the value of each item of property, 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 heir has inherited and whether a legal usufruct of the surviving spouse attaches to the property.
(8) An affirmation that, by signing the affidavit, the affiant, if an heir, has accepted the succession of the deceased.
(9) 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. If the deceased had no surviving spouse, the affidavit shall be signed by at least two heirs. If the deceased had no surviving spouse and only one heir, the affidavit shall also be signed by a second person who has actual knowledge of the matters stated in the affidavit.
C. 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 1974, No. 524, §1; Acts 2009, No. 81, §1, eff. 6/18/2009; Acts 2011, No. 323, §1, eff. 6/29/2011; Acts 2012, No. 618, §§1, 2, eff. 6/7/2012.
Plain-English Summary
Article 3432 supplies the workhorse document of Chapter 2's affidavit-only track for an intestate small succession. No petition gets filed and no judge signs off; instead, a sworn affidavit executed before any officer or person authorized to administer oaths, such as a notary, accomplishes what a judgment of possession would otherwise do.
The required content falls into three groups. The identifying and family facts cover the date and domicile of death, the fact that the deceased died intestate, marital status, the surviving spouse's information if any, and the names, addresses, and relationships of the heirs. An heir who does not sign is accounted for either because that heir cannot be located after reasonable diligence, or because that heir received thirty days' notice by mail of the affiants' intent to execute the affidavit and did not object. The property facts then describe what was left, whether community or separate, in enough detail to identify immovable property for transfer purposes, along with the value of each item and the aggregate value, each heir's respective share, and whether a surviving spouse's usufruct, the civil-law right to use and enjoy property belonging to another, attaches to any of it.
Two affirmations give the affidavit its legal force. Signing operates as the heir's acceptance of the succession, a substantive act under civil law rather than a mere formality, and every affiant swears under penalty of perjury that the affidavit's contents are true, correct, and complete to the best of their knowledge. Paragraph B sets minimum-signer rules, requiring at least two heirs if there is no surviving spouse, or a second, knowledgeable signer if the deceased left no surviving spouse and only one heir. Paragraph C lets a natural tutor sign on behalf of a minor child, or a curator sign on behalf of an interdict, without the separate court authorization that would ordinarily be required outside this context.
Frequently Asked Questions
Who has to sign a Louisiana small-succession affidavit for an intestate decedent?
At least two persons, including the surviving spouse, if any, and one or more heirs of the deceased.
What happens if an heir won't sign or can't be found?
The affidavit must state that the nonsigning heir either cannot be located after reasonable diligence, or received thirty days' mail notice of the affiants' intent to execute the affidavit and did not object.
Does signing the affidavit count as accepting the succession?
Yes. Article 3432 requires an affirmation that, by signing, an heir has accepted the succession of the deceased.
What if the deceased had no surviving spouse and only one heir?
The affidavit must also be signed by a second person who has actual knowledge of the matters stated in it.
Can a parent or curator sign on behalf of a minor or interdicted heir?
Yes. A natural tutor may execute the affidavit for a minor child, and a curator may execute it for an interdict, without a separate court petition or authorization.
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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