Overview
St. Martin Parish is located in Louisiana with a population of approximately 51,236. The 16th 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. The process begins with filing a Petition for Possession (for simple possession) or a Petition for Administration (if administration is needed) 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 Small Succession Affidavit procedure for estates valued at $125,000 or less, or for estates of any value if the decedent has been deceased for more than 20 years. This allows property to transfer without a full court proceeding.
Louisiana law sets statutory fees for executors and attorneys, often based on a percentage of the estate, though these can be negotiated or set by the will.
This guide provides an informational overview of the St. Martin 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. Martin Parish Clerk of Court
Probate matters in St. Martin Parish are handled at the St. Martin Parish Courthouse.
Address: 415 St. Martin Street, St. Martinville, LA 70582
Phone: (337) 394-2210 (Civil Department)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Clerk of Court's office is located in the Courthouse Annex. The 16th Judicial District Court serves St. Martin, Iberia, and St. Mary parishes.
Parking and Access
Street parking is generally available around the courthouse square in downtown St. Martinville. There are also public parking lots nearby. Security screening is required for entry into the courthouse building.
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 (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 Possession or Petition for Administration with the St. Martin Parish Clerk of 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
- Filing fee (advance deposit)
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 estate is under administration and the administrator needs to sell property or file an accounting.
Step 4: Court Review and Judgment
For simple possession, the judge may sign the Judgment of Possession without a hearing if all documents are in order. If administration is required, the court will issue Letters Testamentary or Letters of Administration to the representative.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and resolve claims
- Inventory and appraise all estate assets
- Pay valid debts and taxes
- Distribute assets to beneficiaries
- File a Tableau of Distribution or Final Account to close the estate
Local Requirements
St. Martin Parish-Specific Procedures
- Advance Deposits: St. Martin Parish typically requires an advance deposit for court costs at the time of filing.
- Official Journal: Legal notices are published in the Teche News.
- Local Rules: The 16th Judicial District Court has specific rules regarding the format of pleadings and courtroom conduct.
- Curator Ad Hoc: If heirs cannot be located, the court may appoint an attorney as a curator ad hoc to represent their interests.
Always check with the Clerk of Court's Civil Department for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (St. Martin Parish)
- Succession (Probate) Advance Deposit: approximately $500 (fees vary based on the complexity and number of pages)
- Small Succession Affidavit Recording: approximately $105+ (varies by page count)
- Certified Copies: approximately $5 per document plus per-page fees
- Publication costs: Varies by length of notice, payable to Teche News
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
- Administered Succession: 6-12 months
- Complex or contested estates: 1 year or more
Timelines depend heavily on whether all heirs agree and if assets need to be sold.
Local Resources
St. Martin Parish Court Resources
- Court Website: smpcoc2.com
- Probate Forms: smpcoc2.com/copy-of-online-records-1
- Louisiana State Bar: lsba.org
Legal Aid and Attorney Referrals
- Louisiana State Bar Association: (504) 566-1600 — Lawyer Referral Service
- Acadiana Legal Service Corp: (337) 237-4320 — Legal aid for qualifying residents
- 16th JDC Self-Help: Check with the court for available self-help resources.
Publication
- Teche News: (337) 394-6232 — Official journal for legal notices