Overview
Assumption Parish is located in Louisiana with a population of approximately 21,039. 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, Book VI. The process often begins with filing a Petition for Probate of Testament and Confirmation of Executor (for testate estates) or a Petition for Administration (for intestate estates requiring administration). The court then issues Letters Testamentary or Letters of Administration. However, many Louisiana estates can be settled via a "Petition for Possession" without full administration, resulting in an immediate Judgment of Possession.
Small Successions: Louisiana offers a simplified "Small Succession Affidavit" procedure for estates valued at $125,000 or less, or for decedents who have been deceased for at least 20 years regardless of value.
Fees: Louisiana law provides for a default executor's fee of 2.5% of the estate inventory value, unless the will specifies otherwise or the executor waives the fee. Attorney fees are subject to a "reasonableness" standard.
This guide provides an informational overview of the Assumption 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
23rd Judicial District Court
Probate matters in Assumption Parish are handled at the Assumption Parish Courthouse.
Address: 4809 Highway 1, Napoleonville, LA 70390
Phone: (985) 369-6653 (Clerk of Court)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Clerk of Court's office processes all civil and probate filings. The 23rd Judicial District also serves Ascension and St. James Parishes, but filings for Assumption residents must be made in Napoleonville.
Parking and Access
Free public parking is generally available in the lots surrounding the courthouse and along the nearby streets in Napoleonville. Security screening is required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal succession is required:
- Small Succession Affidavit: If the estate is valued at $125,000 or less (or the decedent died >20 years ago), you may be able to file an affidavit instead of opening a court case.
- Simple Possession: If the estate is solvent and all heirs agree, you may file for a "Judgment of Possession" without an administration period.
- 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 Probate (or Petition for Possession) with the 23rd Judicial District Court. Include:
- Petition for Probate/Possession
- Original Last Will and Testament (if applicable)
- Certified death certificate
- Filing fee (approximately $500.00)
- Affidavit of Death, Domicile, and Heirship
E-filing is available via Clerk Connect for registered attorneys and users.
Step 3: Provide Notice
After filing, you must:
- Mail notice to heirs and beneficiaries (if required by the type of administration).
- Publish notice in the official journal (The Assumption Pioneer) if applying for administration or selling estate property.
Step 4: Attend the Hearing
For simple possession, a hearing is often not required; the judge may sign the Judgment of Possession in chambers. For administration, a hearing may be scheduled to appoint the executor/administrator.
Step 5: Administer the Estate
If administration is ordered, the personal representative must:
- Inventory and appraise all estate assets
- Pay valid creditor claims
- File federal and state tax returns as needed
- Petition the court for authority to sell assets or pay debts (if not independent administration)
- File a Tableau of Distribution and Final Account to close the estate
Local Requirements
Assumption Parish-Specific Procedures
- E-filing: The Assumption Parish Clerk of Court participates in the Louisiana Clerks of Court "Clerk Connect" system for e-filing and records search.
- Detailed Descriptive List: Louisiana typically requires a Sworn Detailed Descriptive List of assets and liabilities in lieu of a formal inventory by a notary and appraisers, unless the court orders otherwise.
- Official Journal: Legal notices must be published in The Assumption Pioneer (or The Bayou Journal).
- Curator Ad Hoc: If an heir cannot be located, the court may appoint an attorney as a "curator ad hoc" to represent their interests, which will incur additional fees.
Timeline & Fees
Filing Fees (Assumption Parish)
- Succession (Probate) Opening: approximately $500.00
- Small Succession Affidavit Filing: approximately $100.00 - $150.00 (varies by page count)
- Certified copies: approximately $10.00 - $20.00 depending on page count
- Publication costs: approximately $150.00 - $300.00 depending on the newspaper and length of notice
Payment Methods
The court accepts cash, checks, money orders, and credit cards (with a convenience fee).
Estimated Timelines
- Simple Possession (no disputes): 2-6 weeks
- Average Administration: 6-12 months
- Complex or contested estates: 12 months to 2+ years
Timelines depend heavily on whether the estate qualifies for "Simple Possession" (immediate transfer) or requires "Administration" (executor appointed to pay debts/sell assets).
Local Resources
Assumption Parish Court Resources
- Court Website: assumptionclerk.com
- Probate Self-Help: LouisianaLawHelp.org
Legal Aid and Attorney Referrals
- 23rd Judicial District Bar Association: Local bar resources.
- Southeast Louisiana Legal Services: (225) 448-0080 — Low-income legal assistance.
- Louisiana State Bar Lawyer Referral: lsba.org
Publication
- The Assumption Pioneer: (985) 369-6653 — Official journal for legal notices.