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 legatees 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. 3433.Affidavit For Small Succession For a Person Domiciled Outside of Louisiana Who Died Testate; Contents
Book VI. Probate Procedure · Title V. Small Successions · Chapter 2. When Judicial Proceedings Unnecessary · Enacted 2024 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 3433 sets the required contents of a small-succession affidavit for a nonresident decedent who died testate, combining Title IV's ancillary framework with Title V's affidavit shortcut by requiring at least two signers, thirty days' notice to nonsigning legatees, and an attached certified copy of the out-of-state probate order.
Full Text of Art. 3433
(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, and the statement that a legatee not signing the affidavit 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 in Louisiana, 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 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 and a certified copy of the probate order of the court of another jurisdiction or the equivalent thereof.
(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, 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 persons who have 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
Added by Acts 2024, No. 90, §1, eff. 8/1/2024.
Plain-English Summary
Article 3433 handles the combination of circumstances that Articles 3432 and 3432.1 do not reach: a decedent who lived outside Louisiana, making this inherently an ancillary matter under Title IV, but who died leaving a will and Louisiana property that qualifies as a small succession under Article 3421. This affidavit lets that combination bypass a Louisiana judicial proceeding the same way the other two affidavits do for different fact patterns.
The signer requirement here is closer to Article 3432's intestate approach than to Article 3432.1's testate one: at least two persons, including the surviving spouse if any, and one or more legatees, rather than every legatee. A legatee who does not sign is accounted for through a notice-and-non-objection mechanism, thirty days' mail notice of the affiants' intent to execute the affidavit, paralleling how Article 3432 treats an absent heir. The affidavit also identifies which of the decedent's heirs are forced heirs, matching Article 3432.1's requirement.
What sets this affidavit apart is its attachment requirement. Beyond a copy of the testament itself, Article 3433 requires a certified copy of the probate order from the court, or its equivalent, that probated the will at the decedent's domicile. That attached order substitutes for Louisiana's own probate scrutiny, echoing Article 3405's recognition of a testament probated outside Louisiana and Article 2888's foreign-testament provisions in ordinary, non-small ancillary probate.
Paragraph B supplies a fallback when there is no surviving spouse, requiring at least two signers who have actual knowledge of the matters stated, and Paragraph C carries forward the same tutor and curator signing authority found in Articles 3432 and 3432.1.
Frequently Asked Questions
Who signs a small-succession affidavit for a nonresident who died with a will?
At least two persons, including the surviving spouse if any, and one or more legatees of the deceased.
What extra document does this affidavit require compared to Article 3432.1?
A certified copy of the probate order, or its equivalent, from the court that probated the testament at the decedent's domicile, in addition to a copy of the testament itself.
What happens if a legatee doesn't sign the affidavit?
The affidavit must state that the nonsigning legatee was given thirty days' notice by mail of the affiants' intent to execute the affidavit and did not object.
How does this affidavit relate to Louisiana's ancillary probate procedure?
It applies the affidavit shortcut of Title V to the same kind of nonresident-decedent, out-of-state-property situation that Title IV's ancillary probate procedure otherwise addresses through a judicial proceeding.
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 nonresident testate LouisianaArticle 3433 Louisianaancillary small succession affidavit testamentout-of-state probate order attachment Louisiananonresident decedent small succession Louisiana