Overview
Lafourche Parish is located in Louisiana with a population of approximately 95,342. The 17th 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 begins with filing a Petition for Probate 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 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 has a unique fee structure where filing fees are often paid as "advance deposits" to the Clerk of Court. Attorney fees are typically reasonable and agreed upon, though Louisiana law allows for executor fees of 2.5% of the estate value unless otherwise specified.
This guide provides an informational overview of the Lafourche 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
17th Judicial District Court
Probate matters in Lafourche Parish are handled by the Clerk of Court's Civil Department.
Address: 200 W. 2nd St., Third Floor, Thibodaux, LA 70301
Phone: (985) 447-4841 (Civil Department)
Hours: Contact the court for current office hours
The Clerk of Court's office is located in the Thibodaux office building. Filings for probate and successions are processed here.
Parking and Access
Street parking is available around the courthouse and Clerk's office. Public access is generally unrestricted during business hours, though security screening may be required for entry into court buildings.
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 (or the decedent died over 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 with the 17th Judicial District Court. Include:
- Original Last Will and Testament (if applicable)
- Certified death certificate
- Affidavit of Death, Domicile, and Heirship
- Filing fee (advance deposit)
- Oath of Executor/Administrator
E-filing is available through the Louisiana Clerks Remote Access Authority (LCRAA) portal or Clerk Connect.
Step 3: Provide Notice
After filing, you must:
- Mail notice to heirs and beneficiaries as required by law.
- Publish notice in the official journal if the court requires notification to creditors or if the whereabouts of heirs are unknown.
Step 4: Attend the Hearing
Many uncontested successions in Louisiana can be handled "ex parte" (without a hearing) if all documents are in order. If a hearing is required, the judge will review the petition and issue Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory and appraise all estate assets (a Detailed Descriptive List is often filed).
- Pay valid creditor claims.
- File federal and state tax returns as needed.
- Petition the court for a Judgment of Possession to distribute assets to heirs/legatees.
- File a final accounting if required.
Local Requirements
Lafourche Parish-Specific Procedures
- E-filing: Available via Clerk Connect and the LCRAA portal.
- Advance Deposits: Lafourche Parish requires an advance deposit for court costs rather than a flat filing fee. The deposit covers the initial filing and service.
- Detailed Descriptive List: Often used in lieu of a formal inventory by a notary to save costs.
- Publication: Notices, when required, are published in The Lafourche Gazette.
Always check with the Civil Department for the most current local rules and standing orders.
Timeline & Fees
Filing Fees (Lafourche Parish)
- Succession (One Decedent): $300.00 (Advance Deposit)
- Succession (Two Decedents): $500.00 (Advance Deposit)
- Tutorship: $300.00
- Certified Copies: $5.00 per document + $1.00 per page
- Publication costs: Varies by length, typically payable directly to the newspaper.
Payment Methods
The Clerk of Court accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
Estimated Timelines
- Simple estates (uncontested, no administration): 2-6 months
- Average estates: 6-12 months
- Complex or contested estates: 12 months to 2+ years
Timelines depend heavily on whether the succession is "simple" (putting heirs in possession immediately) or "administered" (requiring an executor to manage assets).
Local Resources
Lafourche Parish Court Resources
- Court Website: lafourcheclerk.com
- Probate Self-Help: Louisiana Law Help
- Louisiana Probate Forms: LSBA Forms
Legal Aid and Attorney Referrals
- Lafourche Parish Bar Association: Contact local listings.
- Southeast Louisiana Legal Services: (985) 851-5687 — Provides free legal aid to low-income individuals.
- Louisiana State Bar Lawyer Referral: lsba.org
Publication
- The Lafourche Gazette: (985) 693-7229 — Official Journal
- Daily Comet: (985) 448-7600 — Newspaper of general circulation