reglab/housing_qa huggingface dataset:
LA Code Civ Pro art. 3002 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3002. Same; petition for possession

The petition of the heirs for possession under Article 3001 shall include allegations as to: the competency of the petitioners; the date of death of the deceased, and all other facts on which the jurisdiction of the court is based; the facts showing that petitioners are the sole heirs of the deceased; and that the succession is relatively free of debt, as provided in Article 3001. The petition of the surviving spouse in community for possession under Article 3001 shall include all of the above allegations except those relating to heirship; shall allege the facts showing that he is the surviving spouse in community; shall state what property belonged to the community; and if he claims the usufruct of any interest in the community property, shall allege the fact showing that he is entitled thereto. The allegations of the petition for possession shall be verified by the affidavit of at least one of the petitioners. Amended by Acts 1979, No. 711, §3, eff. Jan. 1, 1980.
LA Code Civ Pro art. 3003 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3003. Same; evidence of allegations of petition for possession

Evidence of the allegations of the petition for possession, under Articles 3002 or 3005, as to the death of the deceased, jurisdiction of the court, marriage of the spouses, and relationship of the petitioners to the deceased, shall be submitted to the court as provided by Articles 2821 through 2823.
LA Code Civ Pro art. 3004 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3004. Discretionary power to send heirs and surviving spouse into possession

A. The heirs of an intestate decedent may be recognized by the court, and sent into possession of his property without an administration of his succession when none of the creditors of the succession has demanded its administration, on the ex parte petition of any of the following: (1) Those of the heirs who are competent, if all of them accept the succession. (2) The legal representative of the incompetent heirs, if all of the heirs are incompetent and a legal representative has been appointed therefor. (3) The surviving spouse in community of the decedent, if all of the heirs are incompetent and no legal representative has been appointed for some or all of them. B. In such cases, the surviving spouse in community of the decedent may be recognized by the court as entitled to the possession of the community property, as provided in Article 3001. Amended by Acts 1961, No. 23, §1; Acts 1997, No. 1421, §3, eff. July 1, 1999.
LA Code Civ Pro art. 3005 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3005. Same; petition for possession; evidence

The petition of the heirs for possession under Article 3004 shall include allegations as to: the competency of the petitioners; the date of death of the intestate, and all other facts on which the jurisdiction of the court is based; and the facts showing that petitioners and the incompetent heirs named in the petition, if any, are the sole heirs of the intestate. The petition of the surviving spouse in community for possession under Article 3004 shall include all of the pertinent allegations of Article 3002. The allegation of the petition for possession shall be verified by the affidavit of at least one of the petitioners. The allegations of the petition for possession shall be proved as provided in Article 3003. Amended by Acts 1979, No. 711, §3, eff. Jan. 1, 1980.
LA Code Civ Pro art. 3006 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3006. Same; when one of competent heirs cannot join in petition for possession

If a competent heir of an intestate resides out of the state and cannot be located, or his whereabouts are unknown, the other competent heirs may be sent into possession of the property without an administration of the succession, as provided herein and in Articles 3004 and 3005. Upon the filing of the petition for possession, the court shall appoint an attorney at law to represent the absent heir, and shall order him to show cause why the heirs of the intestate should not be recognized, and sent into possession of the property of the intestate without an administration of the succession. After a hearing on the rule against the attorney for the absentee, if the court concludes that the succession is thoroughly solvent and that there is no necessity for an administration, it may send all the heirs of the intestate, including the absentee, into possession.
LA Code Civ Pro art. 3007 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3007. Creditor may demand security when heirs sent into possession

When the heirs of an intestate, or the heirs and the surviving spouse thereof, have been sent into possession of the property of the intestate under Articles 3001 or 3004, any creditor having a claim against the succession may file in the succession proceeding, within three months of the date of the judgment of possession, a contradictory motion against all parties sent into possession to compel them to furnish security for the payment of his claim.  On the trial of this motion, the court may order the parties sent into possession to furnish such security as it deems necessary to protect the claimant.
LA Code Civ Pro art. 3008 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3008. Administration in default of security

If the security required by the court under Article 3007 is not furnished within the delay allowed, on ex parte motion of the creditor, the court shall render a judgment annulling the judgment of possession, directing the cancellation of all inscriptions of the registry thereof, ordering an administration of the succession, and ordering the parties sent into possession to surrender to the administrator to be appointed thereafter all of the property of the deceased which they have received, and which they have not alienated. Conventional mortgages and other encumbrances placed by the heirs, legatees, or surviving spouse in community on property so surrendered, and recorded prior to the cancellation of the inscription of the registry of the judgment of possession, shall retain their initial force and effect despite the administration of the succession.
LA Code Civ Pro art. 3031 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3031. Sending legatees into possession without administration

A. When a testament has been probated or given the effect of probate, and subject to the provisions of Article 3033, the court may send all of the legatees into possession of their respective legacies without an administration of the succession, on the ex parte petition of all of the general and universal legatees, if each of them is either competent or is acting through a qualified legal representative, and each of them accepts the succession, and none of the creditors of the succession has demanded its administration. B. In such cases, the surviving spouse in community of the testator may be recognized by the court as entitled to the possession of the community property, as provided in Article 3001. Acts 1997, No. 1421, §3, eff. July 1, 1999.
LA Code Civ Pro art. 3032 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3032. Same; petition for possession; evidence

The petition of the legatees for possession under Article 3031 shall include allegations that all of the petitioners are either competent or are acting through their qualified legal representatives. The person named as executor in the testament shall join in the petition, except as otherwise provided by Article 3033. The petition of the surviving spouse in community for possession under Article 3031 shall comply with all of the pertinent provisions of Article 3002. The allegations of the petition for possession shall be verified by the affidavit of at least one of the petitioners. The allegations of the petition for possession shall be proved as provided in Article 3003. Amended by Acts 1979, No. 711, §3, eff. Jan. 1, 1980.
LA Code Civ Pro art. 3033 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3033. Same; compensation of executor

If the testament is dated prior to January 1, 1961, the person named therein as executor shall be entitled to the full compensation allowed by law for an executor's services in administering a testate succession, even though he may not have been confirmed as executor. If the testament is dated subsequent to December 31, 1960, the person named therein as executor shall be entitled to reasonable compensation for the services which he has rendered, whether he has been confirmed as executor or not. Except as provided hereinafter, the legatees may be sent into possession only if the person named in the testament as executor joins in the petition thereof. If the residuary legatee and the person named in the testament as executor cannot agree upon the compensation due him, or for any other reason he refuses to join in the petition for possession, the residuary legatee may rule him into court to show cause why the compensation due should not be determined judicially, and why the legatees should not be sent into possession of their legacies. The court shall not send the legatees into possession until satisfactory proof has been submitted that the compensation determined to be due the person named in the testament as executor has been paid.
LA Code Civ Pro art. 3034 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3034. Creditor may demand security when legatees sent into possession; administration in default of security

When the legatees of a testator, or the legatees and the surviving spouse in community thereof, have been sent into possession of his property under Article 3031, any creditor having a claim against the succession may compel the parties sent into possession to furnish security for the payment of his claim, and may require an administration of the succession in default of such security, as provided by Articles 3007 and 3008.
LA Code Civ Pro art. 3035 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3035. Particular legatee may demand security for delivery of legacy; administration in default of security

A particular legatee who has not received his legacy after being sent into possession by judgment may demand that the residuary legatee furnish security for the delivery of his legacy and may require an administration of the succession in default of such security, as provided by Articles 3007 and 3008.
LA Code Civ Pro art. 3061 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3061. Judgment rendered and signed immediately

A. The court shall render and sign immediately a judgment of possession, if it finds from an examination of the petition for possession, and from the record of the proceeding, that the petitioners are entitled to the relief prayed for. B. The judgment shall recognize the petitioners as the heirs, legatees, surviving spouse in community, or usufructuary, as the case may be, of the deceased, send the heirs or legatees into possession of the property owned by the deceased at the time of his death, and recognize the surviving spouse in community as entitled to the possession of an undivided one-half of the community property, and of the other undivided one-half to the extent that he has the usufruct thereof. The judgment shall include the last known address of at least one of the heirs or legatees or the surviving spouse, as the case may be, sent into possession of the property of the deceased. The failure to include the address of at least one of the heirs or legatees or the surviving spouse shall not affect the validity of the judgment. C. A judgment sending one or more petitioners into possession under a testamentary usufruct or trust automatically incorporates all the terms of the testamentary usufruct or trust without the necessity of stating the terms in the judgment. Amended by Acts 1972, No. 326, §2, eff. Jan. 1, 1973; Acts 2001, No. 641, §1; Acts 2006, No. 314, §1; Acts 2010, No. 175, §1; Acts 2010, No. 226, §1.
LA Code Civ Pro art. 3062 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3062. Effect of judgment of possession

The judgment of possession rendered in a succession proceeding shall be prima facie evidence of the relationship to the deceased of the parties recognized therein, as heir, legatee, surviving spouse in community, or usufructuary, as the case may be, and of their right to the possession of the estate of the deceased.
LA Code Civ Pro art. 3081 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3081. Petition for confirmation

After the probate of the testament, or after its production into court as provided by Article 2891 if it is a nuncupative testament by public act, the person named as executor therein may petition the court for confirmation, and for the issuance of letters testamentary. If he files the original petition for the execution of the testament, he may pray therein for the issuance of letters.
LA Code Civ Pro art. 3082 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3082. Order of confirmation; letters

Unless the person named in the testament as executor is disqualified on any of the grounds assigned in Article 3097, the court shall render an order upon his petition for confirmation, confirming him as testamentary executor and directing the issuance of letters testamentary to him after he has taken his oath of office and furnished security, if required.
LA Code Civ Pro art. 3083 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3083. Appointment of dative testamentary executor

If no executor has been named in the testament, or if the one named is dead, disqualified, or declines the trust, on its own motion or on motion of any interested party, the court shall appoint a dative testamentary executor, in the manner provided for the appointment of an administrator of an intestate succession.
LA Code Civ Pro art. 3091 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3091. Petition for notice of application for appointment

An interested person desiring to be notified of the filing of an application for appointment as administrator, at any time after the death of the deceased, may petition the court in which the succession has been opened, or may be opened, for such notice. A petition for such notice shall comply with Article 3092, shall bear the number and caption of the succession proceeding, and shall be docketed and filed by the clerk in the record thereof. When a petition for such notice has been filed within ten days of the death of the deceased, or prior to the application for appointment as administrator, the applicant for appointment shall serve the notice prayed for, as provided in Article 3093.
LA Code Civ Pro art. 3092 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3092. Form of petition for notice of application for appointment

A petition for notice under Article 3091 shall not be effective unless it is signed by the petitioner or his attorney, and sets forth: (1) the name, surname, and domicile of petitioner; (2) a statement of the interest of the petitioner; (3) the name, surname, and mailing address of the person to whom the requested notice shall be given; and (4) a prayer that the requested notice be given.
LA Code Civ Pro art. 3093 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3093. Notice in compliance with petition

When notice has been petitioned for as provided in Article 3091, the applicant for appointment as administrator shall mail or deliver to the person designated to receive such notice a copy of his application for appointment, and shall notify him of the date and hour assigned by the court for a hearing thereon.
LA Code Civ Pro art. 3094 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3094. Order on application for appointment

The court shall order the taking of an inventory, or the filing of a descriptive list as provided in Article 3136, of the property of the deceased upon the filing of an application for appointment as administrator. If notice of the application for appointment is required under Articles 3091 through 3093, the court shall assign a date and hour for a hearing on the application, which shall be held not earlier than the eleventh day after the mailing or delivery of such notice. If no such notice is required, and ten days have elapsed since the death of the deceased, the court may appoint the applicant as administrator forthwith, unless he is disqualified under Article 3097.
LA Code Civ Pro art. 3095 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3095. Opposition to application for appointment

The opposition to an application for appointment as administrator shall be filed prior to the hearing on the application and shall be served on the applicant for appointment. This opposition shall comply with Article 2972, and shall allege the prior right of opponent to the appointment, or the grounds on which it is claimed the applicant is disqualified. If the opposition is based on a prior right to the appointment, the opponent shall pray that he be appointed administrator.
LA Code Civ Pro art. 3096 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3096. Appointment when no opposition; appointment after trial of opposition

At the hearing on the application for appointment as administrator, if no opposition thereto has been filed, the court shall appoint the applicant, unless he is disqualified under Article 3097. If an opposition to the application for appointment has been filed prior to the hearing thereon, the court shall assign the opposition for trial. After this trial, the court shall appoint as administrator the qualified claimant having the highest priority of appointment. If all of the claimants are disqualified under Article 3097, the court shall appoint a qualified person who is willing to accept the administration of the succession.
LA Code Civ Pro art. 3097 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3097. Disqualifications

A. No person may be confirmed as testamentary executor, or appointed dative testamentary executor, provisional administrator, or administrator who is:  (1) Under eighteen years of age;  (2) Interdicted, or who, on contradictory hearing, is proved to be mentally incompetent;  (3) A convicted felon, under the laws of the United States or of any state or territory thereof;  (4) A nonresident of the state who has not appointed a resident agent for the service of process in all actions and proceedings with respect to the succession, and caused such appointment to be filed in the succession proceeding;  (5) A corporation not authorized to perform the duties of the office in this state; or  (6) A person who, on contradictory hearing, is proved to be unfit for appointment because of bad moral character. B. No person may be appointed dative testamentary executor, provisional administrator, or administrator who is not the surviving spouse, heir, legatee, legal representative of an heir or legatee, or a creditor of the deceased or a creditor of the estate of the deceased, or the nominee of the surviving spouse, heir, legatee, or legal representative of an heir or legatee of the deceased, or a co-owner of immovable property with the deceased. Amended by Acts 1964, No. 4, §1; Acts 1972, No. 347, §1; Acts 1985, No. 528, §1, eff. July 12, 1985.
LA Code Civ Pro art. 3098 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3098. Priority of appointment

A. When the appointment as administrator or dative testamentary executor is claimed by more than one qualified person, except as otherwise provided by law, preference in the appointment shall be given by the court in the following order to:  (1) The best qualified among the surviving spouse, competent heirs or legatees, or the legal representatives of any incompetent heirs or legatees of the deceased. (2) The best qualified of the nominees of the surviving spouse, of the competent heirs or legatees, or of the legal representatives of any incompetent heirs or legatees of the deceased. (3) The best qualified of the creditors of the deceased or a creditor of the estate of the deceased, or a co-owner of immovable property with the deceased. B. "Best qualified", as used in this Article, means the claimant best qualified personally, and by training and experience, to administer the succession. Acts 1992, No. 778, §1; Acts 1993, No. 29, §1.
LA Code Civ Pro art. 3111 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3111. Appointment

The court may appoint a provisional administrator of a succession, pending the appointment of an administrator or the confirmation of an executor, when it deems such appointment necessary to preserve, safeguard, and operate the property of the succession. On the application of an interested party, or on its own motion, when such an appointment is deemed necessary, the court may appoint a qualified person as provisional administrator forthwith.
LA Code Civ Pro art. 3112 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3112. Security; oath; tenure; rights and duties

A provisional administrator shall furnish security and take the oath of office required by Articles 3152 and 3158, respectively. He shall continue in office until an administrator or executor has been qualified, or until the heirs or legatees have been sent into possession. Except as otherwise provided by law, a provisional administrator has all of the authority and rights of an administrator, and is subject to the same duties and obligations, in the discharge of his functions of preserving, safeguarding, and operating the property and business of the succession.
LA Code Civ Pro art. 3113 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3113. Inventory taken or descriptive list filed when appointment made

When the court appoints a provisional administrator, it shall order the taking of an inventory of the property of the succession as provided in Article 3131 or the filing of a descriptive list of the succession property as provided in Article 3136, unless either has been ordered taken before. Amended by Acts 1972, No. 665, §1.
LA Code Civ Pro art. 3121 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3121. Attorney appointed as administrator of vacant successions; exceptions

When no qualified person has petitioned for appointment as administrator of a vacant succession within three months of the death of the deceased, the court may appoint an attorney at law as administrator thereof and set his compensation. Said attorney shall be selected, on a rotating basis, from a list of attorneys currently practicing in the parish in which the succession is to be opened. The attorney shall be required to furnish security as required by law. Otherwise, all of the provisions of law relating to the administrator of a succession apply to the attorney when appointed administrator of a vacant succession. This article does not apply to any parish for which a public administrator has been appointed. Amended by Acts 1961, No. 23, §1; Acts 1974, No. 530, §1.
LA Code Civ Pro art. 3122 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3122. Public administrator as administrator of vacant successions in certain parishes

In parishes for which a public administrator has been appointed, he shall be appointed administrator of all successions of which, under Article 3121, an attorney at law in other parishes may be appointed administrator.  All provisions of law relating to the administrator of a succession apply to the public administrator, except as otherwise provided by R.S. 9:1581 through 9:1589. Amended by Acts 1961, No. 23, §1; Acts 1974, No. 530, §1.
LA Code Civ Pro art. 3131 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3131. Notary appointed for inventory in each parish

When the court orders the taking of an inventory of the property of the succession, it shall appoint a notary of each parish in which the deceased left property to take the inventory of such property in that parish.