Louisiana has expanded the number of estates that may qualify as small successions. Effective August 1, 2026, Act 293 of the 2026 Regular Session increases the applicable gross-value threshold from $125,000 to $200,000 for a person who died domiciled in Louisiana.
The change may allow more families to transfer succession property through a small-succession affidavit without opening a court proceeding. But the law has another important benefit: even when a judicial succession remains necessary, qualifying as a small succession can substantially reduce court costs.
What Act 293 changes
Louisiana Code of Civil Procedure Article 3421 defines which estates qualify as small successions. Before Act 293 takes effect, the succession of a Louisiana domiciliary generally falls within the value-based definition if the property left by the decedent has a gross value of $125,000 or less as of the date of death.
Act 293 raises that figure to $200,000. Beginning August 1, 2026, Article 3421(1) will define a small succession to include the succession of a person who:
- Died domiciled in Louisiana; and
- Left property with a gross value of $200,000 or less, valued as of the date of death.
The statute uses gross value, not the amount remaining after debts are deducted. The relevant valuation date is the date of death, not the property’s value when the affidavit or succession pleadings are prepared.
Act 293 amends only Article 3421(1). It does not increase the separate $125,000 threshold applicable to certain ancillary successions of people who died domiciled outside Louisiana. It also leaves unchanged the rule that certain successions involving Louisiana property may qualify regardless of value when the decedent died at least twenty years before execution of the affidavit.
More estates may qualify for a small-succession affidavit
The increased threshold will make the affidavit procedure available to some Louisiana estates that previously exceeded the value limit. For example, a Louisiana resident who died without a will leaving a home and other property worth a total of $175,000 would have exceeded the former $125,000 threshold. Under Act 293, that estate may qualify as a small succession.
Qualifying as a small succession, however, is only the first step. It does not automatically mean that a family can avoid court.
Article 3431 identifies the circumstances in which judicial opening is unnecessary. Those circumstances include:
- A person domiciled in Louisiana who died intestate, meaning without a will.
- A person domiciled in Louisiana who died with a will but owned no immovable property in Louisiana, if the surviving spouse, everyone who would inherit under the will, and everyone who would inherit without the will agree to waive probate.
- A person domiciled outside Louisiana who died intestate or whose will was probated by a court in another state, subject to the separate rules governing those successions.
The affidavit must still satisfy the detailed statutory requirements concerning the decedent, heirs or legatees, property descriptions, values, inherited interests, signatures, notice, and supporting documents. See La. C.C.P. arts. 3432 and 3432.1.
In other words, Act 293 expands the doorway into the small-succession rules. It does not eliminate the conditions that determine whether a particular estate may actually proceed by affidavit.
Judicial successions can benefit too
The affidavit procedure is not the only reason the increased threshold matters.
Some estates qualify as small successions but still need to be opened judicially. A common example is a Louisiana domiciliary who died with a will and owned immovable property in Louisiana. The presence of the Louisiana immovable generally prevents use of the affidavit procedure for that testate succession, even if the estate’s value falls below $200,000.
Nevertheless, the estate’s status as a small succession can still produce meaningful savings. Under Article 3422, court costs in a judicial small succession are one-half of the court costs charged in a similar succession that does not qualify as small. The article also provides that a succession representative’s compensation may not exceed five percent of the succession’s gross assets.
Consider a Louisiana resident who dies with a will, a home, and total gross assets valued at $180,000. Because the estate includes Louisiana immovable property, a judicial succession may still be required. Before Act 293, the estate would have exceeded the value-based small-succession threshold. Once the new law takes effect, it may qualify as a judicial small succession and receive the reduced court-cost treatment.
The savings apply to court costs, not necessarily every expense associated with the succession. Attorney fees, property valuations, recordation charges, title work, and other expenses depend on the facts and work required.
Why the increase matters
Louisiana property values have increased substantially since the $125,000 threshold was adopted. An estate consisting primarily of a modest home can exceed that limit even when the decedent left few liquid assets.
By raising the threshold to $200,000, Act 293 may help more families in two different ways:
- Some qualifying estates may use a properly prepared small-succession affidavit and avoid opening a court proceeding.
- Other estates may still require judicial proceedings but qualify for the reduced court costs available to judicial small successions.
Determining which benefit applies requires more than adding up the assets. The analysis may depend on domicile, the date-of-death values, whether there is a will, whether the estate contains Louisiana immovable property, who must sign, and whether the successors agree.
Field Law can help
A small succession is a statutory procedure with specific eligibility and documentation requirements. Using the wrong procedure—or preparing an incomplete affidavit—can lead to rejected transfers, recording problems, or title defects.
Field Law helps families throughout Louisiana determine whether an estate qualifies under the new $200,000 threshold, whether an affidavit is available, and whether a judicial small succession offers a more appropriate path.
If you need help evaluating a Louisiana succession under Act 293, contact Field Law at 225-341-5270 or schedule a consultation.
