Louisiana Small Deposit Withdrawal Affidavits vs. Small Succession Affidavits
By Perkins Road Notary · Published October 13, 2026
After someone dies, a bank or credit union may ask for an affidavit before releasing money. Louisiana has several procedures that sound similar but serve different purposes. A small deposit withdrawal affidavit can authorize a limited payment from an account. A small succession affidavit identifies the successors and their interests in a qualifying estate and can cover much more than a small account balance.
The distinction matters in 2026: Louisiana increased the small succession limit for a person domiciled in Louisiana to $200,000, effective August 1, 2026. That change did not increase the separate $20,000 and $10,000 withdrawal limits discussed below.
The $20,000 small deposit procedure under Louisiana’s state bank law
La. R.S. 6:315.1, found in the state bank chapter, allows a depository financial institution to pay up to $20,000 after the death of a depositor who left no will. Payment may be made to the surviving spouse and heirs, or to the heirs if there is no surviving spouse.
The affidavit must establish jurisdiction and the family relationships, state that the deceased left no will, and confirm that the total funds withdrawn from all depositories do not exceed $20,000. This is a withdrawal limit, not a requirement that the entire estate be worth $20,000 or less. The institution may make the payment; the statute does not promise automatic approval of every affidavit.
A separate $20,000 procedure for a surviving spouse
La. R.S. 9:1513 allows a federally insured depository institution to pay a surviving spouse up to $20,000 from the specified deposits without a court proceeding. The spouse supplies an affidavit confirming that total withdrawals from all depositories do not exceed $20,000.
This section does not state the same no-will condition as R.S. 6:315.1. It also contains special provisions concerning an account solely in the surviving spouse’s name and alternative accounts. Ask the institution which procedure applies to the actual account before having an affidavit prepared.
The credit union statute uses a $10,000 limit
La. R.S. 9:1514 provides a credit union procedure for payment to a surviving spouse without a court proceeding. Its limit is $10,000, with an affidavit stating that total funds withdrawn from all depositories do not exceed that amount. Multiple-party accounts are subject to a separate statutory payment rule.
Can adult children use a credit union affidavit when there is no surviving spouse?
Yes. Under La. R.S. 9:1514(A)(3)–(4), if the deceased credit union member leaves no surviving spouse, the credit union may pay the balance in the member’s share account to the deceased’s adult children without court proceedings.
The affidavit must state that total funds withdrawn do not exceed $10,000 from all depositories combined. This is not a separate $10,000 allowance for each child or account. The statute provides that a receipt from an adult child releases the credit union for the amount paid.
This provision applies to adult children, not minor children. Payment is permitted, rather than required, so confirm the credit union’s account and document requirements before having the affidavit prepared.
Do not assume that every credit union account is limited to this one procedure. R.S. 6:315.1 uses the broader term “depository financial institution,” and R.S. 9:1513 refers to federally insured institutions. Confirm the applicable statute, account ownership, and institution’s requirements. These limits are not a fresh allowance for each account, each heir, or each bank, and should not be added together as automatic withdrawal allowances.
How a small succession affidavit is different
A small succession affidavit addresses the estate and the people entitled to receive its property. Under La. C.C.P. art. 3421, the current categories are:
Louisiana domicile: property with a gross value of $200,000 or less, valued at death.
Domicile outside Louisiana: Louisiana property with a gross value of $125,000 or less, valued at death.
Death at least 20 years before the affidavit: Louisiana property of any value.
Act 293 of 2026 increased only the Louisiana-domiciliary threshold. Gross value is not the amount left after subtracting debts or mortgages. For a death before the amendment’s effective date, confirm which limit applies rather than assume the new threshold resolves the issue.
The value test is only the first step. Article 3431 separately determines when judicial opening is unnecessary:
A Louisiana domiciliary who died without a will may qualify.
A Louisiana domiciliary who left a will may qualify only if there is no Louisiana immovable property and the surviving spouse, everyone inheriting under the will, and everyone who would inherit without it agree to waive probate.
A person domiciled outside Louisiana may qualify if the person died without a will or the will was probated by a court in another state.
A Louisiana resident’s estate containing a will and a house may therefore meet the $200,000 definition of a small succession while still requiring judicial proceedings.
Who signs, and what property can it cover?
For an intestate estate, Article 3432 generally requires at least two signers, including the surviving spouse, if any, and one or more heirs. It addresses heirs who cannot be located or receive the required 30-day mailed notice without objecting. If there is no spouse and only one heir, a second person with actual knowledge must also sign.
For an eligible Louisiana domiciliary who left a will, Article 3432.1 requires all heirs and legatees, including the surviving spouse, if any. The affidavit includes the will, confirms that there is no Louisiana immovable property, and includes express waivers of challenges to the will.
The affidavit describes property, values, family relationships, and the successors’ respective interests. Under Article 3434, a multiple original or certified copy provides authority to pay money or deliver the described property to the named successors in the stated percentages. Eligible immovable property also requires recordation in the parish conveyance records.
Example: A qualifying intestate estate with a $30,000 bank account is not confined to the $20,000 deposit-withdrawal procedure. A properly completed small succession affidavit may authorize transfer of the described $30,000 account according to the heirs’ interests. These are different procedures, not interchangeable forms.
What to gather for a small deposit affidavit
The death certificate, date of death, and the deceased’s domicile.
Any will and information about the surviving spouse, children, and other possible heirs.
Account statements showing ownership, balances, and any withdrawals already made under these procedures.
The bank or credit union’s instructions and any required form.
For notarization of a small succession affidavit prepared by someone else, bring the completed affidavit and any attachments, and leave signatures unsigned until instructed.
Current photo identification for the people who will sign.
Ask the institution to confirm its document requirements first. Do not sign a statement that there was no will unless that is accurate, or omit withdrawals at another institution. A payment procedure does not settle every ownership, debt, or inheritance issue.
Affidavit preparation and notarization in Baton Rouge
Perkins Road Notary prepares and notarizes small deposit withdrawal affidavits. We do not prepare small succession affidavits, but we can notarize small succession affidavits prepared by others. Call Perkins Road Notary at (225) 341-3828 before visiting for small deposit affidavit preparation or small succession affidavit notarization. Bring the institution’s instructions so we can confirm the service, information, and signing arrangements. Visit us at 6161 Perkins Road, Suite 1C, Baton Rouge, LA 70808. See our notary services and meet our team.
If there is a dispute, uncertainty about heirs or ownership, a will with Louisiana real estate, or a need for court proceedings, arrange legal advice through Field Law, our separate sister law firm.
Law checked October 13, 2026: This article was prepared using the cited Louisiana statutes and Code of Civil Procedure articles, checked in Lexis and against the Louisiana Legislature’s published text, including the version of Article 3421 effective August 1, 2026. The deposit withdrawal limits and small succession estate-value limits are distinct.