Updated September 3, 2026. Quick answer: in Louisiana, an estate can use small succession; affidavit, judicial opening unnecessary when the qualifying value is $200,000 or less. Whether real property passes that way depends on conditions in the statute (below), not a flat yes or no.
What this guide covers
Whether probate is required in Louisiana turns on two questions: does the estate qualify for a small-estate shortcut, and does that shortcut reach whatever real property is involved. This page answers both for Louisiana, with the statute cited, and then covers what full probate costs if the shortcut does not apply.
The affidavit route, and its limit
Louisiana’s route: small succession; affidavit, judicial opening unnecessary, under La. C.C.P. arts. 3421 and 3431 (as amended by Acts 2024, No. 90).
$200,000 gross value for a decedent domiciled in Louisiana; $125,000 for the ancillary succession of a non-domiciliary; ANY value if the death was at least 20 years before the affidavit.
The succession of a person who died domiciled in Louisiana and who died leaving property with a gross value of two hundred thousand dollars or less valued as of the date of death.
(La. C.C.P. arts. 3421 and 3431 (as amended by Acts 2024, No. 90))
The real-estate problem
What the text says: reach depends on the conditions below.
A person domiciled in Louisiana who died intestate.
(La. C.C.P. arts. 3421 and 3431 (as amended by Acts 2024, No. 90))
What probate costs in Louisiana if it is required
Louisiana’s probate fees and attorney-compensation rules are their own topic, worked through in full on Louisiana probate cost.
If a trust fits your situation in Louisiana
In Louisiana whether real property passes by the small-estate route depends on conditions that can fail to be met; a funded revocable living trust sidesteps that question rather than leaving it to a condition check, and LawDepot builds a state-specific one.
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The order to work through it
List what Louisiana residents typically own and how each item is titled. Remove everything with a living named beneficiary, a surviving joint owner, or a trust already holding it. If what remains is $200,000 or less, small succession; affidavit, judicial opening unnecessary is the route to look at. If real property remains in sole name, confirm the real-property rule above applies to what you own.
The general rule: when probate is required. Thresholds elsewhere: small estate limits by state. Louisiana’s own small-estate mechanics: Louisiana small estate affidavit.
Statutory text read at Louisiana’s own legislature or official code publisher. General information, not legal advice; fee statutes and thresholds change and a court retains the final say on what qualifies.
General information drawn from state statutes and official court materials, not legal advice. Whether probate is required is STATE law and differs in every state; thresholds, what the small-estate route reaches, and probate costs all change, and every figure here is sourced and dated. We are not a law firm and this is not legal advice.