Overview
St. Bernard Parish is located in Louisiana with a population of approximately 44,783. The 34th 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 begins with filing a Petition for Probate of Testament (if there is a will) or a Petition for Administration (if there is no will) 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 a Small Succession Affidavit for estates with a gross value of $125,000 or less, provided the decedent died intestate (or testate if domiciled in Louisiana) and other conditions are met. This avoids the need for full court administration.
Louisiana has a unique fee structure where the Clerk of Court typically requires an advance deposit (often called a "suit deposit") at the time of filing, from which costs are deducted as the case progresses.
This guide provides an informational overview of the St. Bernard 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
34th Judicial District Court
Probate matters in St. Bernard Parish are handled by the Clerk of Court at the St. Bernard Parish Courthouse.
Address: 1101 W. St. Bernard Highway, Chalmette, LA 70043
Phone: (504) 271-3434 (Clerk of Court)
Hours: Monday through Friday, 8:30 AM to 4:00 PM
The Clerk of Court's office manages all civil filings, including successions. The 34th Judicial District Court judges preside over these matters.
Parking and Access
Free parking is generally available in the lot adjacent to the St. Bernard Parish Government Complex. Visitors must pass through security screening upon entering the courthouse.
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 and the decedent died intestate (or testate if domiciled in LA), 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 Administration) with the St. Bernard Parish Clerk of Court. Include:
- Original Last Will and Testament (if applicable)
- Certified death certificate
- Affidavit of Death, Domicile, and Heirship
- Advance deposit for filing fees (contact Clerk for current amount)
- Proposed Order and Letters
E-filing may be available for certain civil matters; check with the Clerk's office for current "Clerk Connect" or e-filing capabilities.
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 if the court requires the appointment of an administrator and notice of application is necessary.
Step 4: Attend the Hearing
Many uncontested successions in Louisiana are handled "ex parte" (without a hearing) if all documents are in order. However, if there is a dispute or if the judge requires it, a hearing will be scheduled.
Step 5: Administer the Estate
After receiving Letters, the personal representative (Succession Representative) must:
- Inventory and appraise all estate assets (a Sworn Descriptive List is often used in lieu of a formal inventory).
- Pay valid creditor claims.
- File federal and state tax returns as needed.
- Petition the court for authority to sell property or pay debts if the estate is under administration.
- Distribute assets to heirs/legatees (Judgment of Possession).
- File a final accounting and petition for discharge (if under administration).
Local Requirements
St. Bernard Parish-Specific Procedures
- Advance Deposits: St. Bernard Parish operates on an advance deposit system. You must pay a deposit upfront (e.g., $300–$500 range, verify exact amount) rather than a flat filing fee. Costs for copies, service, and court actions are deducted from this balance.
- Official Journal: Legal notices are typically published in The St. Bernard Voice.
- Sworn Descriptive List: Most estates use a Sworn Descriptive List of Assets and Liabilities instead of a formal notary inventory to save time and costs.
- Publication: If an administrator is appointed, notice of the application may need to be published in the parish newspaper.
Always check with the Clerk of Court for the most up-to-date local court rules.
Timeline & Fees
Filing Fees (St. Bernard Parish)
- Advance Deposit for Succession: Contact Clerk (typically ranges from $300 to $550 depending on complexity)
- Small Succession Affidavit: Recording fee varies by page count (typically $100+)
- Certified copies of Letters: approximately $10-$20 per certified copy
- Publication costs: Varies by newspaper (paid directly to publisher)
Louisiana law sets executor commissions (typically 2.5% of the estate inventory) and attorney fees are subject to court approval or agreement.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
Estimated Timelines
- Simple Possession (no administration): 1-3 months
- Average Succession (under 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
St. Bernard Parish Court Resources
- Court Website: stbclerk.com
- Probate Self-Help: Louisiana Law Help
Legal Aid and Attorney Referrals
- Louisiana State Bar Association: (504) 561-1600 — Attorney referral service
- Southeast Louisiana Legal Services: (504) 529-1000 — Legal aid for qualifying residents
- St. Bernard Bar Association: Contact local court for directory
Publication
- The St. Bernard Voice: (504) 279-7488 — Official journal for legal notices