Overview
Ascension Parish is located in Louisiana with a population of approximately 133,534. The 23rd Judicial District Court handles all probate and estate matters (known as "successions" in Louisiana) for decedents who were domiciled in the parish at the time of death.
Louisiana probate is governed by the Louisiana Code of Civil Procedure Art. 2811 et seq. The process begins with filing a Petition for Possession (for simple acceptance) or a Petition for Probate of Testament (if there is a will) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Louisiana offers a "Small Succession" process for estates valued at $125,000 or less. This involves filing an Affidavit of Small Succession rather than a full judicial opening of the estate, provided the decedent died intestate or testate under specific conditions.
Louisiana executors are entitled to a reasonable fee, typically 2.5% of the estate value, unless the will states otherwise.
This guide provides an informational overview of the Ascension Parish probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Ascension Parish Clerk of Court
Probate matters in Ascension Parish are handled at the Ascension Parish Clerk of Court.
Main Office (Gonzales): 607 E. Worthey St., 1st Flr., Gonzales, LA 70737
Satellite Office (Donaldsonville): 300 Houmas St, Donaldsonville, LA 70346
Phone: (225) 473-9866, ext. 296 (Civil Department)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Clerk of Court's main office is situated at the Courthouse in Gonzales, with a satellite office in Donaldsonville. Probate matters are typically filed with the Civil Department.
Parking and Access
Public parking is available near both courthouse locations. Security screening is required for entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Succession Affidavit: If the estate is valued at $125,000 or less and the decedent died intestate (or testate under certain conditions), you may file a Small Succession Affidavit without full court administration.
- Transfer on Death: Louisiana has limited transfer-on-death options compared to other states, but certain assets like bank accounts may have payable-on-death designations.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Possession or Petition for Probate with the 23rd Judicial District Court. Include:
- Petition for Possession (or Probate of Testament)
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- Approximately $500.00 filing fee
- Affidavit of Death, Domicile, and Heirship
E-filing is available via the Clerk Connect or eVault system.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 10 days before the hearing (if a hearing is required).
- Publish notice in a newspaper of general circulation in Ascension Parish if the court requires it for specific administrative steps, though many simple successions do not require publication.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration. In many simple possession cases, the judge may sign the Judgment of Possession without a formal hearing if all documents are in order.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (Louisiana law does not strictly require publication of notice to creditors for all successions, but it is recommended to protect the representative).
- Inventory and appraise all estate assets within a reasonable timeframe (or file a Sworn Detailed Descriptive List).
- Pay valid creditor claims.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a final accounting and petition for discharge.
Local Requirements
Ascension Parish-Specific Procedures
- E-Recording: Ascension Parish offers e-recording for land records and some court documents.
- Oath of Office: Personal representatives must take an oath of office before Letters are issued.
- Detailed Descriptive List: A sworn Detailed Descriptive List of assets and liabilities is often filed in lieu of a formal inventory.
- Publication: Notice must be published in a newspaper of general circulation in Ascension Parish for certain administrative actions.
Always check with the Clerk of Court for the most current local rules and form requirements.
Timeline & Fees
Filing Fees (Ascension Parish)
- New Probate / Succession: approximately $500.00
- Conformed Copies: approximately $3.00
- Certified Copies: approximately $5.00 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Recording fees: vary by page count (typically $100+ for first page)
If the state has statutory attorney/executor fees, the executor is typically entitled to 2.5% of the estate value.
Payment Methods
The court accepts cash, check, money order, or credit card (with fee).
Estimated Timelines
- Simple estates (no disputes, limited assets): 3-6 months
- Average estates: 6-12 months
- Complex or contested estates: 1 year or more
Note that Louisiana's "Succession without Administration" can be much faster than full administration.
Local Resources
Ascension Parish Court Resources
- Court Website: ascensionclerk.com
- Probate Self-Help: Louisiana Law Help
- Louisiana Probate Forms: Law Library of Louisiana - Wills and Estates
Legal Aid and Attorney Referrals
- Louisiana State Bar Association: (504) 566-1600 — Attorney Referral Service
- Southeast Louisiana Legal Services: (225) 448-0080 — Legal Aid
- LSBA Lawyer Referral: lsba.org
Publication
- Gonzales Weekly Citizen: (225) 647-4569 — Official Journal
- Donaldsonville Chief: (225) 473-8633 — Official Journal