Overview
St. John the Baptist Parish is located in Louisiana with a population of approximately 39,694. The 40th 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 (Book VI). The process begins with filing a Petition for Possession (for intestate estates) or a Petition to Probate Testament (for testate estates) 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 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 full court administration.
Note that Louisiana has a unique fee structure; filing fees for a standard succession are typically around $500.00, while recording a small succession affidavit is significantly less (based on page count).
This guide provides an informational overview of the St. John the Baptist 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
40th Judicial District Court
Probate matters in St. John the Baptist Parish are handled by the Clerk of Court at the Edgard Courthouse.
Address: 2393 Highway 18, Edgard, LA 70049
Phone: (985) 497-3331 (Clerk of Court)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Clerk of Court also maintains an East Bank Office at 1811 W. Airline Hwy, LaPlace, LA 70068 (Phone: 985-652-8041), where documents can often be filed or recorded. Note: Eastbank Office closed from 12-1 PM (Daily).
Parking and Access
Free parking is generally available at both the Edgard and LaPlace locations. Visitors pass through security screening upon entry.
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 decedent died >20 years ago), you may be able to file an affidavit rather than open a court case.
- Transfer on Death: Louisiana has limited transfer-on-death options compared to other states, primarily for securities or specific bank accounts.
- 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 to Probate Testament with the 40th Judicial District Court. Include:
- Original Last Will and Testament (if applicable)
- Certified death certificate
- Affidavit of Death, Domicile, and Heirship
- Filing fee (approximately $500.00)
- Detailed Descriptive List of Assets and Liabilities
E-filing is available via eClerks LA for registered users.
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 an administration of the estate (e.g., applying to be appointed administrator).
Step 4: Attend the Hearing
Many Louisiana successions (especially "simple putting in possession") are handled ex parte without a formal hearing. If a hearing is required (e.g., for administration or disputes), the judge will review the petition and issue Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters (if administration is required), the personal representative must:
- Notify creditors and resolve claims
- Inventory and appraise all estate assets
- Pay valid creditor claims and taxes
- File a Tableau of Distribution if necessary
- Distribute assets to beneficiaries and heirs
- File a petition for discharge to close the succession
Local Requirements
St. John the Baptist Parish-Specific Procedures
- Recording vs. Filing: Small Succession Affidavits are recorded in the conveyance records (per page fee) rather than filed as a civil suit (flat suit fee).
- East Bank vs. West Bank: While the main courthouse is in Edgard (West Bank), the LaPlace office (East Bank) is fully equipped to handle filings and recordings.
- Local Court Rules: The 40th JDC requires specific formatting for pleadings; check with the Clerk for local checklists.
- Publication: Notice must be published in a newspaper of general circulation in St. John the Baptist Parish for successions under administration.
Always check with the Clerk of Court for the most current fee schedule and procedural requirements.
Timeline & Fees
Filing Fees (St. John the Baptist Parish)
- Succession (Standard): approximately $500.00 (deposit)
- Small Succession (Recording): approximately $105.00 for 1-5 pages (recording fee)
- Certified copies: approximately $2.00 per page + certification fee
- Publication costs: approximately $150-$300 depending on the newspaper
- Portal Fee: $5.00 per document for some digital filings
Louisiana attorneys often charge fees based on a percentage of the estate (statutory cap usually 2.5-5%) or an hourly rate.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a convenience fee).
Estimated Timelines
- Simple Possession (no administration): 1-3 months
- Average estates (with administration): 6-9 months
- Complex or contested estates: 12 months to 2 years
Creditor claim periods and tax clearance can extend these timelines.
Local Resources
St. John the Baptist Parish Court Resources
- Court Website: sjbparishclerk.gov
- Probate Self-Help: Louisiana Law Help
- Louisiana Probate Forms: Louisiana Legal Forms
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 low-income residents
- LSBA Lawyer Referral: lsba.org
Publication
- L'Observateur: (985) 652-9545 — Official journal for St. John the Baptist Parish