Overview
St. Mary Parish is located in Louisiana with a population of approximately 49,406. The 16th 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 (if all heirs agree and the estate is relatively simple) or a Petition for Administration (if an executor needs to be appointed) 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 if the decedent has been deceased for at least 20 years. This allows property to be transferred without a full court administration.
Attorney fees in Louisiana are generally reasonable and customary, often based on a percentage of the estate or an hourly rate, subject to court approval. Executors are entitled to a reasonable fee, typically 2.5% of the estate's value, unless the will specifies otherwise.
This guide provides an informational overview of the St. Mary 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. Mary Parish Clerk of Court
Probate matters in St. Mary Parish are handled at the St. Mary Parish Courthouse.
Address: 500 Main St, Suite 201, Franklin, LA 70538
Phone: (337) 828-4100 (Civil Department)
Hours: Monday through Friday, 8:30 AM to 4:30 PM (Excluding Holidays)
The Clerk of Court's office is located in the parish courthouse in Franklin. The Civil Department handles all succession filings.
Parking and Access
Street parking is available around the courthouse square in Franklin. There is also a public parking lot 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 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.
- Transfer on Death: Louisiana has limited transfer-on-death options compared to other states, but certain assets like bank accounts may have payable-on-death 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 Probate of Testament (if there is a will) or Petition for Administration with the 16th Judicial District Court. Include:
- Petition for Possession or Administration
- Original Last Will and Testament (if applicable)
- Certified death certificate
- Advance deposit for filing fees (typically ~$400-$500)
- Affidavit of Death, Domicile, and Heirship
E-filing is available in St. Mary Parish through approved vendors.
Step 3: Provide Notice
After filing, you must:
- Mail notice to heirs and legatees as required by law.
- Publish notice in the official journal if the court requires an administration or if the whereabouts of heirs are unknown.
Step 4: Attend the Hearing
For simple possessions, a hearing may not be required if all documents are in order. For administrations, the court may schedule a hearing to appoint the administrator. Once approved, the judge signs the Judgment of Possession or issues Letters Testamentary/Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and pay valid claims
- Inventory and appraise all estate assets (a Sworn Descriptive List is often used in Louisiana)
- File federal and state tax returns as needed
- Distribute assets to heirs and legatees
- File a Petition for Discharge to close the succession
Local Requirements
St. Mary Parish-Specific Procedures
- E-filing: St. Mary Parish accepts e-filings for civil matters, including successions.
- Sworn Descriptive List: In many cases, a Sworn Descriptive List of Assets and Liabilities can be filed in lieu of a formal inventory by a court-appointed notary.
- Local Court Rules: The 16th Judicial District Court has specific rules regarding the format of pleadings and the allotment of cases.
- Publication: Notices, when required, are typically published in The Daily Review or The St. Mary Banner.
Always check with the Clerk of Court for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (St. Mary Parish)
- Succession (Advance Deposit): approximately $400-$500
- Small Succession Affidavit: approximately $150-$250 (recording fee varies by page count)
- Certified copies: approximately $10-$20 per copy
- Publication costs: approximately $100-$200 depending on the length of the notice
- Recording fees: typically $105 for the first page + $25 for each additional page (verify current rates)
Louisiana law provides for reasonable executor fees (typically 2.5%) and attorney fees.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (with a convenience fee).
Estimated Timelines
- Simple Possession (uncontested): 1-3 months
- Administration (average estate): 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 "under administration" (appointing an executor to manage assets).
Local Resources
St. Mary Parish Court Resources
- Court Website: stmaryparishclerkofcourt.com
- Probate Self-Help: Louisiana Law Help
- Louisiana Supreme Court: lasc.org
Legal Aid and Attorney Referrals
- Louisiana State Bar Association: (504) 561-1600 — Attorney referral service
- Acadiana Legal Service Corporation: (337) 237-4320 — Legal aid for qualifying residents
- LSBA Lawyer Referral: lsba.org
Publication
- The Daily Review: (985) 384-8370 — Official journal for legal notices
- The St. Mary Banner: (337) 828-3706 — Local newspaper