Overview
Lafayette Parish is located in Louisiana with a population of approximately 254,241. The 15th 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 (CCP Art. 2811 et seq.). The process begins with filing a Petition for Probate of Testament (if there is a will) or a Petition for Possession (if seeking to bypass administration) to appoint a personal representative or put heirs in possession. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates requiring administration.
Louisiana offers a Small Succession Affidavit procedure for estates valued at $125,000 or less (gross value), or for any estate where the decedent has been deceased for at least 20 years. This allows heirs to transfer property without a full court proceeding.
Louisiana law provides for a default executor/administrator fee of 2.5% of the inventory value of the estate, unless the will specifies otherwise or the parties agree to a different amount.
This guide provides an informational overview of the Lafayette 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
15th Judicial District Court
Probate matters in Lafayette Parish are handled at the Lafayette Parish Courthouse.
Address: 800 S. Buchanan St., Lafayette, LA 70501-6853
Phone: (337) 291-6400 (Clerk of Court)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Lafayette Parish Clerk of Court maintains all succession records. Filings are typically made with the Civil Department.
Parking and Access
Public parking is available in the parking garage located on W. Vermilion Street and in designated street parking areas around the courthouse. Security screening is required for entry into the courthouse building.
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 judicial succession.
- 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 15th 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 (or request for inventory)
- Filing fee (Advance Deposit)
E-filing is available for attorneys and registered users via the Clerk's online portal.
Step 3: Provide Notice
After filing, you must:
- Mail notice to heirs and legatees as required by the Code of Civil Procedure.
- Publish notice in the official journal (The Daily Advertiser) if applying for appointment as administrator, typically once.
Step 4: Attend the Hearing
Many Louisiana successions are handled "ex parte" (without a hearing) if all documents are in order and uncontested. If a hearing is required (e.g., for a rule to show cause), the court will schedule it. The judge reviews the petition and issues a Judgment of Possession or Letters Testamentary/Administration.
Step 5: Administer the Estate
If the estate is under administration, the representative must:
- Notify creditors and pay valid claims
- Collect and manage estate assets
- File federal and state tax returns as needed
- File a Tableau of Distribution (if debts need court approval to pay)
- Distribute assets to heirs/legatees
- File a petition for discharge once complete
Local Requirements
Lafayette Parish-Specific Procedures
- Advance Deposits: Lafayette Parish requires an advance deposit of $400 for regular successions and $300 for small successions.
- Official Journal: Legal notices must be published in The Daily Advertiser.
- E-Filing: The Lafayette Parish Clerk of Court offers e-filing through their "Clerk Connect" or similar portal systems.
- Local Rules: The 15th JDC has specific rules regarding the format of pleadings and courtroom conduct.
Always check with the Clerk's Civil Department for the most current fee schedule and procedural requirements.
Timeline & Fees
Filing Fees (Lafayette Parish)
- Succession Advance Deposit: $400 for regular successions; $300 for small successions
- Recording Fees: approximately $205 for the first 1-5 pages (for Small Succession Affidavits or recording judgments)
- Certified Copies: approximately $10-$20 per document
- Publication costs: approximately $150-$300 depending on the length of the notice
- Curator Fees: If an attorney is appointed for absent heirs, additional fees apply.
Louisiana law sets a standard executor fee of 2.5% of the estate inventory, though this is often waived or negotiated.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
Estimated Timelines
- Simple Succession (Uncontested, Possession only): 2-4 months
- Average Succession (Administration): 6-12 months
- Complex or Contested Estates: 1 year or more
Timelines depend heavily on whether the estate is "independent" (less court supervision) or fully administered.
Local Resources
Lafayette Parish Court Resources
- Court Website: lpclerk.com
- Probate Self-Help: LouisianaLawHelp.org
Legal Aid and Attorney Referrals
- Lafayette Bar Association: (337) 237-4700 — Lawyer referral service
- Acadiana Legal Service Corp: (337) 237-4320 — Legal aid for qualifying residents
- Louisiana State Bar Association: lsba.org
Publication
- The Daily Advertiser: (337) 289-6300 — Official journal for legal notices