Louisiana

To the best of our knowledge, the information provided below is current and accurate. Always be sure to consult with a jurisdictional authority before using this information to educate or counsel your clients.

State Estate or Inheritance Taxes

Louisiana has no state estate or inheritance tax.

Small Estate Probate

Every state offers a fast track or shortcut for the probate of "small estates." Some assert that probate court is the proper forum for passing a small estate to the heirs, the idea being that if an estate is not valued over a certain minimum threshold, it is too small for serious estate planning.

To be sure, when a state's small estate probate threshold is extremely low, using this shortcut to settle an estate that qualifies may be the obvious choice. However, the small estate probate threshold in some states is substantial, in which case serious issues should be considered before you allow a client to go to the default system of the state court. When small estate probate is appropriate and what the client desires, refer to the following information.

You can use the small estate probate process in Louisiana if the gross value of the estate is less than $75,000. This is referred to as a small succession. To use the small succession process in Louisiana, an executor files a written request with the local probate court asking to use the simplified procedure. The court may then authorize the executor to simply distribute the assets without having to go through probate court proceedings.

Louisiana also has a procedure that allows inheritors to skip probate altogether if:

• The estate qualifies as a small succession;

• The decedent either died without a will while domiciled in Louisiana or died with a will while domiciled in another state if the will was probated in the another state; and

• The decedent's sole heirs are his or her descendants, ascendants, brothers or sisters or descendants of brothers and sisters, surviving spouse, and/or beneficiaries of the decedent's will that was probated in another state.
  

If the estate meets these requirements, all an inheritor has to do is prepare an affidavit stating that he or she is entitled to a certain asset, and present it along with a copy of the death certificate to the person or institution holding the asset for release. Again, If the affidavit procedure is used, there's no need to use the small estate probate process.