Overview
St. James Parish is located in Louisiana with a population of approximately 19,110. The 23rd 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 Possession or Petition for Probate of Testament 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.
Executor fees in Louisiana are typically set at 2.5% of the estate's inventory value, unless the will specifies otherwise or the heirs agree to a different amount.
This guide provides an informational overview of the St. James 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
St. James Parish Clerk of Court
Probate matters in St. James Parish are handled at the St. James Parish Courthouse.
Address: 5800 LA Hwy 44, 2nd Floor, Convent, LA 70723
Phone: (225) 562-2270 (Civil Department)
Hours: Monday through Friday, 8:30 AM to 4:30 PM (contact the court to confirm current hours)
The Clerk of Court's office is located on the second floor of the courthouse in Convent. The Civil Department accepts all succession filings.
Parking and Access
Free parking is generally available in the lot adjacent to the courthouse. Visitors must pass through security screening upon entering the building.
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 full succession.
- Transfer on Death: Louisiana has limited transfer-on-death options compared to other states, but certain assets like bank accounts may have beneficiary designations.
- 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 Possession or Petition for Administration with the 23rd Judicial District Court. Include:
- Petition for Possession (or Administration)
- Original Last Will and Testament (if applicable)
- Certified death certificate
- Filing fee (approximately $400.00)
- Affidavit of Death, Domicile, and Heirship
E-filing may be available through the Clerk of Court's approved vendors; check with the Civil Department for current options.
Step 3: Provide Notice
After filing, you must:
- Mail notice to heirs and legatees if required by the specific type of administration (e.g., administration of a succession).
- Publish notice in the official journal if the estate is under administration and the administrator needs to sell property or pay debts.
Step 4: Attend the Hearing
For many simple successions (especially "simple putting in possession"), a hearing may not be required if all documents are in order and heirs consent. If a hearing is scheduled, the judge reviews the petition and issues a Judgment of Possession.
Step 5: Administer the Estate
If an administration is opened (vs. simple possession), the administrator must:
- Notify creditors and publish notice
- Inventory and appraise all estate assets (Sworn Descriptive List)
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Tableau of Distribution and petition for discharge
Local Requirements
St. James Parish-Specific Procedures
- Filing Fees: The base fee for a standard succession is typically $400.00, with double successions (husband and wife) costing around $500.00.
- Curator: If an heir cannot be located, the court may require the appointment of a curator ad hoc to represent their interests.
- Sworn Descriptive List: In lieu of a formal inventory by a notary, Louisiana law often allows a Sworn Descriptive List of Assets and Liabilities signed by the petitioner.
- Publication: Legal notices, when required, are published in The News-Examiner-Enterprise.
Always check with the Clerk of Court for the most up-to-date local court rules and fee schedules.
Timeline & Fees
Filing Fees (St. James Parish)
- Succession (Standard): approximately $400.00
- Double Succession: approximately $500.00
- Small Tutorship: approximately $300.00
- Certified copies: approximately $10.00 base fee + per page costs
- Publication costs: Varies by length, typically payable directly to the newspaper
Executor fees are generally capped at 2.5% of the estate inventory unless otherwise agreed or specified in the will.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (with a processing fee).
Estimated Timelines
- Simple Possession (no disputes): 1-3 months
- Administration (with creditor period): 6-12 months
- Complex or contested estates: 12 months to several years
Timelines depend heavily on whether the heirs agree to a "Simple Putting in Possession" or if a full administration is required to pay debts and sell assets.
Local Resources
St. James Parish Court Resources
- Court Website: stjamesclerk.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: (225) 448-0080 — Legal aid for qualifying residents
- LSBA Lawyer Referral: lsba.org
Publication
- The News-Examiner-Enterprise: (225) 869-5784 — Official journal for legal notices