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. Mary Parish, Louisiana
How probate works in St. Mary Parish: the District Court record, what the process costs, and how to file there.
Probate Court Record
St. Mary Parish District Court
St. Mary Parish · 16th Judicial District
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
500 Main Street, Suite 201, Franklin, LA 70538
Website
E-filing
Self-represented filing
Allowed
E-filing
OptionalCivil, probate and criminal filings are e-filed through CottFile from July 16, 2026. From January 1, 2026, the 16th JDC takes an attorney's filings only electronically or in person, not by U.S. mail, FedEx or UPS, and takes no fax filings.
P.O. Drawer 1231
Franklin, LA 70538
Fax
1-337-828-2509
Departments
- Civil Departmentcivil@smpclerk.com
About the court
- Louisiana uses "succession" instead of "probate" (civil law tradition). The 16th JDC also includes Iberia and St. Martin Parishes. The clerk's online index search shows the civil, probate and criminal index and docket history but no images of pleadings.
Verified October 16, 2026 · Source
How Probate Works in St. Mary 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. Mary Parish, probate runs through the District Court at 500 Main Street, Suite 201, Franklin. The court sits in the 16th Judicial District. Probate e-filing in St. Mary 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. Mary Parish
What probate costs in St. Mary 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 500 Main Street, Suite 201, Franklin. The court is part of the 16th Judicial District.
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. Mary 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 Martin.
Beside the filing office, the court lists a separate line for Civil Department.
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. Mary Parish Self-Filing Assessment.
St. Mary Parish Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Document Requirements
Wills are not accepted through e-recording
Wills and maps or plats cannot be submitted through the clerk's e-recording system and are brought in by traditional means.
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. Mary Parish
In Louisiana a death is registered locally, and in St. Mary Parish certified copies of the death certificate are issued by St. Mary Parish Health Unit as well as by Louisiana Department of Health - Vital Records Registry.
Vital Records Office Record
Local Health Department
St. Mary Parish · St. Mary Parish Health Unit
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
1200 David Drive, Morgan City, LA 70380
Website
Also issued by
The county recorder
Fax
1-985-380-2489
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 9, 2012.
Certified copy fees
| First certified copy | $7 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
St. Mary Parish · St. Mary Parish Coroner
Phone
Verified November 2, 2026 · Source
Transferring Property in St. Mary 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. Mary Parish are recorded with the Clerk of Court at 500 Main Street, Suite 201, Franklin, LA 70538. Phone: 1-337-828-4100. Hours: Monday-Friday 8:30 AM-4:30 PM.
Documents submitted by mail go to P.O. Drawer 1231, Franklin, LA 70538.
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. Mary Parish accepts electronic recording through eClerksLA.
Recording Office Record
Clerk of Court
St. Mary Parish
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
500 Main Street, Suite 201, Franklin, LA 70538
Website
E-recording
P.O. Drawer 1231
Franklin, LA 70538
Fax
1-337-828-2509
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. Mary 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. Mary 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.
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.
Haik, Minvielle, Grubbs & D'Albor, LLP
1101 East Admiral Doyle Drive, Suite 503, New Iberia, LA 70560
New Iberia firm with a satellite office in New Orleans, serving Iberia, St. Mary, St. Martin and Vermilion parishes and the rest of Louisiana. Handles successions with or without a will, from identifying assets and debts to putting heirs into possession and filing required accountings. Also drafts wills and special needs and spendthrift trusts.
Houma attorney with a Metairie office by appointment, handling successions in Terrebonne, Lafourche, Jefferson, Orleans and every other Louisiana parish. Handles administered successions, simple possessions, small-succession affidavits, successions for relatives who died years ago, and ancillary probate for out-of-state owners of Louisiana real estate. John E. Sirois is also a CFP.
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. Mary Parish District Court, official page
- St. Mary Parish Clerk of Court, official page
- St. Mary 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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