Lafayette office serving Lafayette, Acadia, Calcasieu, Iberia, St. Landry, St. Martin, St. Mary, Jefferson Davis and Vermilion parishes. Handles successions after a death, including opening the succession, probating a notarial or olographic will, and petitioning the court to transfer property, alongside will preparation. Attorney Daniel Tercero offers services in Spanish.
What to Do When Someone Dies in St. Martin Parish, Louisiana
How probate works in St. Martin Parish: the District Court record, what the process costs, and how to file there.
Probate Court Record
St. Martin Parish District Court
St. Martin Parish · 16th Judicial District
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
415 St. Martin Street, St. Martinville, LA 70582
Website
E-filing
Filing in person
Walk-ins accepted
Self-represented filing
Allowed
E-filing
OptionalFrom January 1, 2026, pleadings, documents and exhibits are filed in person on paper or electronically, and attorneys may no longer file by U.S. mail or fax. Electronic filing runs through CottFile from October 1, 2026.
Filing in person
Walk-ins acceptedCivil filings that are not e-filed are brought to the Civil Department front desk, where the costs are checked before filing. The office is in the Courthouse Annex on St. Martin Street, behind the courthouse.
Self-represented filing
AllowedThe civil page offers an In Forma Pauperis Affidavit for a filer who cannot pay the costs in advance.
County forms
- In Forma Pauperis AffidavitRequest to proceed without prepayment of court costs for civil/succession filings.
P.O. Box 308
St. Martinville, LA 70582
Fax
1-337-394-7772
Departments
- Civil FaxAttorneys may no longer file by fax.
About the court
- Louisiana uses "succession" instead of "probate" (civil law tradition). The 16th JDC also includes Iberia and St. Mary Parishes.
Verified October 16, 2026 · Source
How Probate Works in St. Martin Parish
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In St. Martin Parish, probate runs through the District Court at 415 St. Martin Street, St. Martinville. The court sits in the 16th Judicial District. Probate e-filing in St. Martin Parish goes through cottfile.com, a system used by at least 8 Louisiana counties.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Louisiana intestacy law when there is no will.
Most Louisiana estates take 6 months to 12 months to move through this process. Creditors have 3 monthsLa. C.C.P. arts. 3241-3249, 3301-3308; La. C.C. art. 3276Verified Oct 18, 2026View source to present a claim, counted from the date of death.
What Probate Costs in St. Martin Parish
What probate costs in St. Martin Parish, Louisiana comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the District Court at 415 St. Martin Street, St. Martinville. The court is part of the 16th Judicial District.
Procedures at this court that affect cost: Costs are paid at filing.
The District Court charges $300 - $400 (based on estate value)La. R.S. 13:841; La. CCP Art. 3421-3422; Acts 2026, No. 293, §1 (HB 215); Acts 2024, No. 90, §1 (SB 32)Verified Oct 17, 2026View source to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Louisiana are negotiated, typically 1.9%Modeled estimate under La. C.C.P. arts. 3301, 3303 (attorney fees are an administration expense — La. Civ. Code art. 1415 — payable only on court authorization); art. 3351.1 (dual-role limit): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3%Modeled estimate under La. C.C.P. arts. 3301, 3303 (attorney fees are an administration expense — La. Civ. Code art. 1415 — payable only on court authorization); art. 3351.1 (dual-role limit): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Louisiana sets executor compensation at 2.5% of the estate by statuteLa. C.C.P. art. 3351 (2.5% of inventory default; court may increase if inadequate)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under La. C.C.P. arts. 3151 (administrator security, 1.25x inventory), 3153 (testator-named executor), 3154-3155 (forced heirs, spouse or creditor may compel), 3396.14 (independent administrator)Verified Sep 8, 2026View source of estate value annually.
Probate in Louisiana typically runs 6 months to 12 months, and costs accrue throughout that period.
How to File Probate at the District Court
Probate documents in St. Martin Parish can be filed in person at the District Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available. The court sits in the 16th Judicial District. The same 16th Judicial District also serves Iberia and St Mary.
Beside the filing office, the court lists a separate line for Civil Fax.
Can You File Without an Attorney?
Louisiana has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not available.
For a full cost comparison and filing checklist, see the St. Martin Parish Self-Filing Assessment.
St. Martin Parish Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Filed in person or electronically (effective Jan 1, 2026)
Under Act 352 of the 2025 Louisiana Legislative Session, from January 1, 2026 all pleadings, documents and exhibits filed with the civil department are submitted in person in proper form or electronically. Electronic filing runs through CottFile from October 1, 2026.
SourceWhat to Bring
Filed with the opening petition at the District Court: Proof of the decedent’s death and of the heirs’ relationship — EITHER an official certificate issued by the proper public officer (a certified death certificate) OR an affidavit executed by two persons having knowledge of the facts, filed in the record of the succession proceeding (CCP arts. 2821-2822). The affidavit route — the customary "Affidavit of Death, Domicile and Heirship" — is what Louisiana practice actually files; no article requires a death certificateLa. Code Civ. Proc. arts. 2811, 3001-3198 (succession opening, appointment, letters); arts. 3396-3396.20 (independent administration)Verified Aug 24, 2026View source.
Death Certificates and the Coroner in St. Martin Parish
In Louisiana a death is registered locally, and in St. Martin Parish certified copies of the death certificate are issued by St. Martin Parish Health Unit as well as by Louisiana Department of Health - Vital Records Registry.
Vital Records Office Record
Local Health Department
St. Martin Parish · St. Martin Parish Health Unit
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
303 West Port Street, St. Martinville, LA 70582
Website
Also issued by
The county recorder
Fax
1-337-394-1279
Local rule
- By law the health unit's local registrar can issue a death certificate only in the ten days after it is filed. The Clerk of Court also issues death certificates, for deaths on or after July 7, 2012.
Certified copy fees
| First certified copy | $7 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
St. Martin Parish · St. Martin Parish Coroner
Phone
Verified November 2, 2026 · Source
Transferring Property in St. Martin Parish
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Clerk of Court.
Deeds and other real property documents for St. Martin Parish are recorded with the Clerk of Court at 415 St. Martin Street, St. Martinville, LA 70582. Phone: 1-337-394-2210. Hours: Monday-Friday 8:30 AM-4:30 PM.
Documents submitted by mail go to P.O. Box 308, St. Martinville, LA 70582.
The Clerk of Court charges $100 for 1-5 pages, $200 for 6-25 pages, $300 for 26-50 pages, $300 plus $5 for each page beyond 50.
St. Martin Parish accepts electronic recording through ePN, CSC and Simplifile.
Recording Office Record
Clerk of Court
St. Martin Parish
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
415 St. Martin Street, St. Martinville, LA 70582
Website
E-recording
available via ePN, CSC and Simplifile
P.O. Box 308
St. Martinville, LA 70582
Fax
1-337-394-7772
Recording fees
| 1-5 pages | $100 |
| 6-25 pages | $200 |
| 26-50 pages | $300 |
| 51+ pages | $300 |
| Louisiana Clerks' Remote Access Authority (LCRAA) portal feeRequired with most deeds | $5 |
La. R.S. 13:844(A)(1)
Verified October 16, 2026 · Source
Probate Attorneys Serving St. Martin Parish
Louisiana allows independent administrationLa. C.C.P. art. 3396.2Verified Sep 8, 2026View source, so the personal representative manages, pays and distributes the estate without returning to the court for approval at each step. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in Louisiana are based on reasonable compensation, billed hourly or as a flat fee. Ask a St. Martin Parish firm to quote a structure up front.
A probate attorney files the petition with the District Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
New Orleans firm founded in 1937, with offices in Baton Rouge, Lafayette and Lake Charles. Its Estate Planning & Administration attorneys administer domiciliary and ancillary estates, prepare estate and gift tax returns, and handle contested successions and trust disputes. Partners David F. Edwards and Miriam Wogan Henry are board-certified Estate Planning and Administration Specialists.
Lake Charles firm with a second office in New Iberia that also practices personal injury, family law and criminal defense. Handles successions from inventory and creditor notice through distribution, including the small succession affidavit for intestate estates, and drafts wills, living trusts, living wills and powers of attorney. Offers free initial consultations.
Slidell solo practice of D. Bruce Cameron, with more than 20 years of succession and estate administration work in St. Tammany Parish and along the Northshore. Represents heirs, beneficiaries and executors from identifying assets and paying creditors to distribution, and in estate disputes over undue influence, incapacity and fraud. Evening and weekend appointments are available.
Shreveport attorney Carl H. Franklin has handled successions and probate for over 39 years, for clients in Caddo, Bossier, Webster, De Soto, Lincoln, Rapides and other parishes. Handles testate and intestate successions, from inventorying property and creditor notices to transferring titles, and works with out-of-state executors remotely. He offers a free phone consultation.
Baton Rouge firm serving clients throughout Louisiana, including out-of-state heirs with Louisiana property. Handles uncontested, contested, ancillary and corrective successions, trust administration, interdictions, succession litigation and appeals. Morgan Field has represented succession clients before the Louisiana Supreme Court; flat fees are available for many uncontested matters.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
(9)·
- La. C.C.P. art. 3351 (2.5% of inventory default; court may increase if inadequate)
- La. C.C.P. art. 3396.2
- La. C.C.P. arts. 3241-3249, 3301-3308; La. C.C. art. 3276
- La. Code Civ. Proc. arts. 2811, 3001-3198 (succession opening, appointment, letters); arts. 3396-3396.20 (independent administration)
- La. R.S. 13:841; La. CCP Art. 3421-3422; Acts 2026, No. 293, §1 (HB 215); Acts 2024, No. 90, §1 (SB 32)
- La. R.S. 13:844(A)(1)
- St. Martin Parish District Court, official page
- St. Martin Parish Clerk of Court, official page
- St. Martin Parish vital records and death investigation offices, official page
Data sourced from Louisiana statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Louisiana
Free tools for settling an estate in Louisiana: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Louisiana.
How Do I Settle an Estate?
Settling an estate in Louisiana: creditors have 3 monthsLa. C.C.P. arts. 3241-3249, 3301-3308; La. C.C. art. 3276Verified Oct 18, 2026View source to present claims; a simple estate closes in 3 months to 6 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Louisiana happens outside court: the trustee acts under the state's trust statuteLa. R.S. 9:1721 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
Louisiana has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not available.
Get the Answer
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