Overview
Iberia Parish is located in Louisiana with a population of approximately 67,540. The 16th Judicial District Court handles all succession (probate) and estate matters 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 begins with filing a Petition for Probate of Testament (for testate estates) or a Petition for Administration (for intestate estates) to appoint a succession representative. The court then issues Letters Testamentary or Letters of Administration.
Louisiana offers a Small Succession Affidavit procedure for estates valued at $125,000 or less (or any value if the decedent has been deceased for at least 20 years), provided the decedent died intestate or the will is probated without administration.
Louisiana law sets executor commissions at 2.5% of the inventory value of the estate, unless the will specifies otherwise or the court adjusts it.
This guide provides an informational overview of the Iberia 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
Iberia Parish Clerk of Court
Probate matters in Iberia Parish are handled at the Iberia Parish Courthouse.
Address: 300 Iberia Street, Suite 100, New Iberia, LA 70560
Phone: (337) 365-7282 (Civil Department)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Clerk of Court's Civil Department accepts filings for successions. The 16th Judicial District Court serves Iberia, St. Martin, and St. Mary Parishes.
Parking and Access
Free parking is available in the lot adjacent to the courthouse and on surrounding streets. The building is accessible to the public during business hours with security screening at the entrance.
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 >20 years since death) and meets statutory requirements, you may file an affidavit instead of a full judicial opening.
- 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 (testate) or Petition for Administration (intestate) with the 16th Judicial District Court. Include:
- Petition for Appointment of Succession Representative
- Original Last Will and Testament (if applicable)
- Certified death certificate
- Affidavit of Death, Domicile, and Heirship
- Advance deposit for filing fees (typically $500-$700, verify with Clerk)
E-filing is available through the Clerk's online system.
Step 3: Provide Notice
After filing, you must:
- Serve notice to heirs and legatees as required by the Code of Civil Procedure.
- Publish notice in the official journal (The Daily Iberian) if the court requires advertisement of the application for letters (typically for administrators).
Step 4: Attend the Hearing
Many uncontested successions in Louisiana are handled "ex parte" (without a hearing) upon review of the pleadings. If a hearing is required or the matter is contested, the court will schedule a date. Upon approval, the judge signs the Order and issues Letters.
Step 5: Administer the Estate
After receiving Letters, the succession representative must:
- Notify creditors and pay valid claims
- File a Sworn Descriptive List of assets and liabilities (Inventory)
- Manage and preserve estate property
- File federal and state tax returns as needed
- Petition for Possession to distribute assets to heirs/legatees
- File a final account and petition for discharge
Local Requirements
Iberia Parish-Specific Procedures
- Advance Deposits: Iberia Parish operates on an advance deposit system. You must pay an estimated cost upfront (often $500+ for successions), and the Clerk draws from this balance as costs accrue.
- E-Filing: The Iberia Parish Clerk of Court offers e-filing services for civil matters, including successions.
- Official Journal: Legal notices must be published in The Daily Iberian.
- Local Court Rules: The 16th JDC has specific rules regarding allotment of cases and form of pleadings.
Consult the Clerk's Civil Department for the most current fee schedule and procedural checklists.
Timeline & Fees
Filing Fees (Iberia Parish)
- Advance Deposit (Succession): approximately $500-$700 (varies by complexity)
- Small Succession Affidavit: approximately $100-$200 (recording fee)
- Certified Copies: $5.00 base fee + per page costs
- Publication costs: Varies by length, payable to The Daily Iberian
- Recording Fees: $25 for the first page + $10 for each additional page (standard recording)
Louisiana law provides for a standard executor's fee of 2.5% of the estate inventory, though this can be waived or altered by the will.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (with a convenience fee). Advance deposits are typically required at the time of filing.
Estimated Timelines
- Simple Succession (Uncontested): 2-6 months
- Average Estate Administration: 6-12 months
- Complex or Contested Estates: 12 months to 2+ years
Timelines depend heavily on whether the estate is "simple putting in possession" (quick) or "under administration" (longer).
Local Resources
Iberia Parish Court Resources
- Court Website: https://www.iberiaclerk.com
- Probate Self-Help: https://louisianalawhelp.org
- Louisiana Probate Forms: https://www.lasc.org
Legal Aid and Attorney Referrals
- Louisiana State Bar Association: (504) 561-1600 — Attorney referral service
- Acadiana Legal Service Corporation: (337) 237-4320 — Legal aid for qualifying residents
- LSBA Find Legal Help: https://www.lsba.org/Public/FindLegalHelp/
Publication
- The Daily Iberian: (337) 365-6773 — Official journal for legal notices