Overview
Iberville Parish is located in Louisiana with a population of approximately 29,766. The 18th Judicial District Court handles all 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. The process often begins with filing a Petition for Possession (if the estate is relatively simple and all heirs agree) or a Petition for Administration (if an executor needs to be appointed). The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Louisiana offers a simplified procedure known as the Small Succession Affidavit for estates valued at $125,000 or less (or if the decedent has been deceased for at least 20 years). This allows heirs to transfer property without a full court administration.
Note that Louisiana operates under a "forced heirship" system and community property laws which can affect distribution. The Clerk of Court typically requires an advance deposit for filing fees rather than a flat fee, with costs deducted as the case progresses.
This guide provides an informational overview of the Iberville 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
18th Judicial District Court
Probate matters in Iberville Parish are handled by the Clerk of Court at the Iberville Parish Courthouse.
Address: 58050 Meriam Street, 1st Floor, Plaquemine, LA 70764
Phone: (225) 687-5160 (Civil Department)
Hours: Monday through Friday, 8:30 AM to 4:00 PM
The Clerk of Court's office is located on the first floor. The 18th Judicial District also serves Pointe Coupee and West Baton Rouge Parishes, but filings for Iberville residents should be made in Plaquemine.
Parking and Access
Street parking is generally available around the courthouse square in Plaquemine. Public access is through the main entrance on Meriam Street, subject to security screening.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate (succession) is required:
- Small Succession Affidavit: If the estate is valued at $125,000 or less (gross value) and the decedent died intestate (or testate in some cases), you may be able to file an affidavit instead of opening a court case.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal succession is needed, file a Petition for Possession (for simple acceptance) or Petition for Administration with the 18th Judicial District Court. Include:
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- Affidavit of Death, Domicile, and Heirship
- Detailed Descriptive List of Assets and Liabilities
- Advance deposit for filing fees (typically $400–$600)
E-filing may be available through eClerksLA; check with the Clerk's office for current protocols.
Step 3: Provide Notice
After filing, you may need to:
- Mail notice to heirs and legatees if an administration is requested.
- Publish notice in the official journal if the court requires notice to creditors or if applying for authority to sell property.
Step 4: Court Review or Hearing
For a Petition for Possession, the judge may sign the Judgment of Possession without a hearing if all documents are in order and heirs consent. If administration is required, a hearing may be set to appoint the succession representative.
Step 5: Administer the Estate
If an administrator is appointed, they must:
- Inventory and appraise estate assets
- Pay valid creditor claims and taxes
- File an annual accounting (if administration is prolonged)
- Petition the court for a Judgment of Possession to distribute assets and close the succession
Local Requirements
Iberville Parish-Specific Procedures
- Advance Deposits: Iberville Parish typically requires an advance deposit (often called a "suit deposit") at the time of filing. Costs for copies, service of process, and court actions are deducted from this balance.
- Official Journal: Legal notices are typically published in The Advocate (Baton Rouge) or The Plaquemine Post South.
- Detailed Descriptive List: Louisiana law often allows a Sworn Detailed Descriptive List of Assets in lieu of a formal inventory by a notary and appraisers, unless requested by an heir or creditor.
Always check with the Civil Department for the most current local court rules regarding form formatting and number of copies required.
Timeline & Fees
Filing Fees (Iberville Parish)
- Advance Deposit for Succession: approximately $400–$600 (varies by complexity and number of parties)
- Small Succession Affidavit: approximately $30–$100 (recording fee varies by page count)
- Certified Copies: approximately $10–$20 per document
- Publication costs: Varies by newspaper (typically $100–$300)
Note: Fees are subject to change. Contact the Clerk of Court at (225) 687-5160 for the exact advance deposit required for your specific petition.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (often with a convenience fee).
Estimated Timelines
- Simple Succession (Petition for Possession): 2-8 weeks
- Administered Succession: 6-12 months
- Complex or Contested Estates: 1 year or more
Timelines depend heavily on whether all heirs agree and if a federal estate tax return is required.
Local Resources
Iberville Parish Court Resources
- Clerk of Court Website: ibervilleclerk.com
- Online E-Filing (eClerksLA): eclerksla.com
- Louisiana Legal Help: louisianalawhelp.org
Legal Aid and Attorney Referrals
- Louisiana State Bar Association: (504) 561-1600 — lsba.org
- Southeast Louisiana Legal Services: (225) 448-0080 — Free legal aid for qualifying residents
Publication
- The Advocate: (225) 383-1111 — Official journal for legal notices
- The Plaquemine Post South: (225) 687-2424