In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.
For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.
And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.
Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.
In Louisiana, the law provides for a simplified process for administering small estates through the use of an affidavit procedure. This is designed to allow for the transfer of assets without formal probate when an estate meets certain criteria. Specifically, Louisiana law allows for the use of an 'affidavit of small succession' when the deceased person's estate is valued below a threshold amount, which is subject to change and should be verified with current statutes or an attorney. This affidavit can be used to transfer both personal and real property to the heirs. The process requires the affidavit to be signed by the heirs and may also need to be notarized. It is important to note that Louisiana has a unique legal system based on civil law, rather than common law, which influences its probate procedures. For the most accurate and up-to-date information regarding the small estate process in Louisiana, consulting with an attorney who specializes in Louisiana succession law is recommended.