Can Real Estate Be Included in a Small Estate Proceeding in Louisiana?

Full question:

I'm trying to help a couple who lost their 37 yr.old daughter to cancer last month. The decedent was never married and had no children. She owned immovable property valued at approx. $70,000.00. Her net estate will be substantially lower. I noticed that under Louisiana Statute Art.3431 and 3432 they may file by Affidavit and order for assets to be distributed which may include 'small succession immovable property' where the decedent did reside. The form entitled Louisiana Small Estate Affidavit for Estates under 75,000 in the USLEGALFORMS website does not allow for immovable property to be considered as part the estate to be distributed. Is there another form/affidavit that would include immovable property so that the parents of the decedent would not have to open judicial proceedings? The decedent has two siblings, both of whom will renounce their interest in their sister's estate. I know it will also be necessary to file with the State Inheritance Tax Office for their endorsement showing no taxes are due. Thank you so much for your prompt reply. Any information you can provide will be greatly appreciated.

• Category: Wills and Estates
• Subcategory: Small Estates
• Date: 04/07/2025
• State: Louisiana

Answer:

It may not be necessary to open judicial proceedings if the immovable property was the residence of the deceased as described in part D of the statute below. Please see the link to the form below, which has been revised with instructions on how to include immoveable property.

Please see the following LA statutes:

Art. 3431. Small successions; judicial opening
unnecessary

A. It shall not be necessary to open judicially the small
succession of a person who died intestate leaving no
immovable property, other than an ownership interest in
small succession immovable property as defined in
Paragraph D, and whose sole heirs are the following:

(1) His descendants.

(2) His ascendants.

(3) His brothers or sisters, or descendants thereof.

(4) His surviving spouse.

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 for
transmittal to the state provided there is no surviving
spouse or other heir present or represented in the state and
provided that the estate does not include any immovable
property, other than small succession immovable property,
and provided he has advertised one time in the official
journal of the parish where a succession would have been
opened under Article 2811, and verifies that he has received
no notice of opposition.

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 such administration of the
succession should notify _____________ at __________________"

D. As used in this Chapter, "small succession immovable
property" means (1) immovable property, comprised of a
single lot or contiguous lots, on which is situated a single
building that, together with any ancillary buildings,
contains not more than four dwelling units, each of which
has its primary use as a residence, and in a portion of
which either the deceased or the surviving spouse resided or
a portion of which was the last place of residence of either
the deceased or the surviving spouse if neither the deceased
nor the surviving spouse was residing in that residence on
the date of death because of illness, incapacity, natural
disaster or destruction; or (2) any cemetery spaces.

Art. 3432. Affidavit for small succession; contents

A. When it is not necessary under 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 competent major heirs of the deceased, may execute one
or more multiple originals of an affidavit, duly sworn to
and acknowledged before any officer or person authorized to
administer oaths in the place where the affidavit is
executed, setting forth:

(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 (a) cannot
be located after the exercise of reasonable diligence, or
(b) was given ten days notice by U.S. mail of the affiants'
intent to execute an affidavit for small succession and did
not object;

(5) The fact that the deceased left no immovable property
other than small succession immovable property;

(6) 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 must be sufficient
to identify the property for purposes of transfer;

(7) A showing of the value of each item of property, and the
aggregate value of all such property, at the time of the
death of the deceased;

(8) A statement describing the respective interests in the
property which each heir has inherited and whether a legal
usufruct of the surviving spouse attaches to the property;

(9) An affirmation that, by signing the affidavit, the
affiant, if an heir, has accepted the succession of the
deceased; and

(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
must be signed by at least two heirs. 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 therein.

C. In addition to the powers of a natural tutor 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.