reglab/housing_qa huggingface dataset:
LA Code Civ Pro art. 3396.2 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3396.2. Provision for independent administration by testator

A. When a testament provides for independent administration of an estate, the court shall enter an appropriate order granting independent administration of the estate. B. A statement in a testament to the effect that the succession representative may act as an "independent administrator" or "independent executor" is sufficient to constitute authorization for independent administration of an estate. Acts 2001, No. 974, §1.
LA Code Civ Pro art. 3396.3 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3396.3. Designation of executor but failure to provide for independent administration by testator

When a decedent dies testate and his testament designates an executor, but his testament does not provide for independent administration of the estate as provided in this Chapter, all of the general or universal legatees of the decedent may agree to have an independent administration and in the application for filing for probate of the decedent's testament, or thereafter, collectively designate the person named in the testament to serve as independent executor. In such case, the court shall enter an order granting independent administration and appointing the person designated in the application as independent executor. Acts 2001, No. 974, §1.
LA Code Civ Pro art. 3396.4 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3396.4. Failure to designate an executor

When the decedent dies testate but his testament fails to designate an executor, or the person designated is unwilling or unable to serve, all of the general or universal legatees of the decedent may agree on the advisability of having an independent administration and collectively designate a qualified person to serve as dative independent executor. In such case, the court shall enter an order granting independent administration and appointing the person designated in the application as dative independent executor. Acts 2001, No. 974, §1.
LA Code Civ Pro art. 3396.5 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3396.5. Independent administration when decedent dies intestate

When a decedent dies intestate, all of the intestate successors may agree on the advisability of having an independent administration and collectively designate, in the application for administration of the decedent's estate, or thereafter, a qualified person to serve as independent administrator. In such case, the court shall enter an order granting independent administration and appointing the person designated in the application as independent administrator. Acts 2001, No. 974, §1.
LA Code Civ Pro art. 3396.6 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3396.6. Independent administration when estate is part testate, part intestate

When a decedent dies partially testate and partially intestate, all of the successors whose concurrence is required in Articles 3396.3, 3396.4, and 3396.5 must concur in the request for independent administration of the estate, and in the designation of the person to serve as independent administrator. Acts 2001, No. 974, §1.
LA Code Civ Pro art. 3396.7 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3396.7. Trusteeships

If a trust is created in the testament or a trustee is a legatee, and if concurrence in having an independent administration is required, the trustee shall be deemed to be the legatee authorized to consent to independent administration on behalf of the trust. Acts 2001, No. 974, §1.
LA Code Civ Pro art. 3396.8 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3396.8. Usufruct

When the testament creates a usufruct and concurrence in having an independent administration is required, or when the usufruct arises by operation of law, the concurrence of the usufructuary and the naked owner is required. Acts 2001, No. 974, §1.
LA Code Civ Pro art. 3396.9 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3396.9. Interdict or unemancipated minor

  A. If a successor whose concurrence is required is an unemancipated minor, the concurrence may be made on his behalf by the administrator of his estate or his natural tutor, as appropriate, without the need for a formal tutorship proceeding or concurrence of an undertutor.  B. If a successor whose concurrence is required is an interdict, the concurrence may be made on his behalf by the curator without the need for court authorization in the interdiction proceeding or concurrence of the undercurator.  Acts 2001, No. 974, §1; Acts 2016, No. 86, §2.
LA Code Civ Pro art. 3396.10 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3396.10. Survivorship

If the testament contains a provision that a legatee must survive the decedent by a prescribed period of time in order to take under the testament, the legatee living at the time of filing of the application for independent administration shall be the legatee authorized to consent to independent administration. Acts 2001, No. 974, §1.
LA Code Civ Pro art. 3396.11 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3396.11. Possibility of renunciation

A. The subsequent renunciation of an heir or legatee who has consented to an independent administration shall have no effect on the validity of the independent administration, and the consent of those persons who receive an interest in the succession by reason of the renunciation is not required. B. A successor who concurs in the application for independent administration of an estate shall not be considered, for that reason, as having formally or informally accepted the succession. Acts 2001, No. 974, §1.
LA Code Civ Pro art. 3396.12 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3396.12. Death of successor

If a successor dies before the filing of an application for independent administration and the share of the successor is transmitted to his estate, then the deceased successor's universal successors, or the succession representative if one has qualified as such, may sign the application for independent administration of the decedent's estate. Acts 2001, No. 974, §1.
LA Code Civ Pro art. 3396.13 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3396.13. Testamentary prohibition of independent administration

A testator may expressly provide that no independent administration of his estate may be allowed. In such case, his estate, if administered, shall be administered in accordance with the other provisions of Book VI. Acts 2001, No. 974, §1.
LA Code Civ Pro art. 3396.14 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3396.14. Security of independent administrator

Except where the testament provides otherwise, an independent administrator shall not be required to provide security for the administration of the estate. If an interested person, such as an heir, legatee, or creditor of the estate requests security, then upon application by such party, and after a contradictory hearing, the court may order the independent administrator to furnish security as the court determines to be adequate. Acts 2001, No. 974, §1.
LA Code Civ Pro art. 3396.15 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3396.15. Rights, powers, and duties; performance without court authority

Except as expressly provided otherwise in this Chapter, an independent administrator shall have all the rights, powers, authorities, privileges, and duties of a succession representative provided in Chapters 4 through 12 of this Title, but without the necessity of delay for objection, or application to, or any action in or by, the court. Acts 2001, No. 974, §1.
LA Code Civ Pro art. 3396.16 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3396.16. Enforcement of claims against estate

Any person having a claim against the estate may enforce the payment or performance of the claim against an independent administrator in the same manner and to the same extent provided for the assertion of such rights in this Code. Acts 2001, No. 974, §1.
LA Code Civ Pro art. 3396.17 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3396.17. Accounting

An independent administrator is not required to file an interim accounting. Nevertheless, any person interested in the estate may demand an annual accounting from the independent administrator as provided in Article 3331. Further, the court on application of any interested person may require an independent administrator to furnish accountings at more frequent intervals. Acts 2001, No. 974, §1.
LA Code Civ Pro art. 3396.18 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3396.18. Inventory or sworn descriptive list

  A. Before the succession can be closed, a judgment of possession rendered, and the independent administrator discharged, there shall be filed an inventory or sworn detailed descriptive list of assets and liabilities of the estate verified by the independent administrator.  B. The detailed descriptive list shall be sealed upon the request of an independent administrator, heir, or legatee.  C. If the detailed descriptive list is sealed, a copy shall be provided to the decedent's universal successors and surviving spouse. Upon motion of any successor, surviving spouse, or creditor of the estate, the court may furnish relevant information contained in the detailed descriptive list regarding assets and liabilities of the estate.  Acts 2001, No. 974, §1; Acts 2010, No. 175, §1; Acts 2017, No. 198, §1; Acts 2020, No. 19, §2.
LA Code Civ Pro art. 3396.19 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3396.19. Final account

Unless the heirs and legatees waive a final accounting, the independent administrator shall file a final account with the court. After homologation of that account, the court shall enter an order discharging the succession representative. The final account shall be served in accordance with Chapter 9 of Title III of Book VI. Acts 2001, No. 974, §1.
LA Code Civ Pro art. 3396.20 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3396.20. Removal of succession representative and termination of independent administration

The court on motion of any interested person, after a contradictory hearing, may remove an independent administrator for any of the reasons provided in Book VI for which a succession representative may be removed from office. In addition, the court on motion of any interested person, after a contradictory hearing, may for good cause order that the letters of independent administration be withdrawn and that the succession thereafter be administered under the procedures set forth elsewhere in Book VI, other than those contained in this Chapter. Acts 2001, No. 974, §1.
LA Code Civ Pro art. 3401 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3401. Jurisdiction; procedure

When a nonresident dies leaving property situated in this state, a succession proceeding may be instituted in a court of competent jurisdiction in accordance with Article 2811. Except as otherwise provided in this Title, the procedure in such a succession shall be the same as provided by law for the succession of a Louisiana domiciliary.
LA Code Civ Pro art. 3402 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3402. Foreign representative; qualification

A succession representative appointed by a court outside Louisiana may act with respect to property situated in Louisiana only after qualifying in a court of competent jurisdiction in Louisiana. He shall furnish bond upon the application of any interested person for good cause shown in the same amount as an administrator, even though in the case of a testamentary succession the testament dispenses with bond. After such qualification the succession representative may exercise all of the rights and privileges of and has the same obligation as a succession representative originally qualified in Louisiana.
LA Code Civ Pro art. 3403 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3403. Capacity to sue

Except as otherwise provided by law, a succession representative appointed by a court outside Louisiana has no capacity to appear in court on behalf of the succession without first qualifying in a court of competent jurisdiction in Louisiana.
LA Code Civ Pro art. 3404 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3404. Priority in appointment

When a succession representative has been appointed by a court of the decedent's domicile outside Louisiana, priority shall be given to him in the appointment of a representative in Louisiana, unless he is disqualified under Article 3097. Otherwise, priority shall be given in the appointment of a representative as provided in Article 3098.
LA Code Civ Pro art. 3405 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3405. Testament probated outside Louisiana

A testament admitted to probate outside Louisiana shall be governed by the provisions of R.S. 9:2421 through 9:2425.
LA Code Civ Pro art. 3421 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3421. Small successions defined

  A. A small succession, within the meaning of this Title, is the succession or the ancillary succession of a person who at any time has died and the decedent's property in Louisiana has a gross value of one hundred twenty-five thousand dollars or less valued as of the date of death or, if the date of death occurred at least twenty years prior to the date of filing of a small succession affidavit as authorized in this Title, leaving property in Louisiana of any value.  B. A small succession shall also include a succession of a person who has died testate, leaving no immovable property, and probate of the testament of the deceased would have the same effect as if the deceased had died intestate.  Amended by Acts 1976, No. 187, §1, eff. Jan. 1, 1977; Acts 1979, No. 71, §1, eff. Jan. 1, 1980; Acts 1980, No. 582, §1; Acts 2009, No. 81, §1, eff. June 18, 2009; Acts 2011, No. 323, §1, eff. June 29, 2011; Acts 2012, No. 618, §1, eff. June 7, 2012; Acts 2017, No. 96, §1; Acts 2020, No. 173, §1.
LA Code Civ Pro art. 3422 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3422. Court costs; compensation

  In judicial proceedings under this Title, the following schedule of costs, compensation, and fees shall prevail:  (1) Court costs for successions valued less than one hundred twenty-five thousand dollars shall be one-half the court costs in similar proceedings in larger successions, but the minimum costs in any case shall be five dollars; and  (2) The compensation of the succession representative shall be not more than five percent of the gross assets of the succession.  Acts 2017, No. 96, §1; Acts 2018, No. 422, §1.
LA Code Civ Pro art. 3422.1 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3422.1. Small succession immovable property damaged by disaster or catastrophe

A. The provisions of this Article shall apply to immovable property, subject to a small succession proceeding, that is damaged by a disaster or catastrophe for which a declaration of emergency or federal declaration of disaster or emergency was issued. B. In the absence of a written agreement between co-owners for the use and management of such immovable recorded in the mortgage records for the parish in which the immovable is situated, any public entity or agent of such entity may conclusively presume that a co-owner in possession of the immovable for more than one year has been appointed by all co-owners to manage, administer, repair, reconstruct, and restore the immovable, and to receive, disburse and account for funds given to him by the public entity solely for the purposes of such repair, reconstruction, and restoration. C. The power of the managing co-owner shall include the power to execute mortgages to secure funds not exceeding the amount necessary to repair, reconstruct, and restore the immovable, and also to encumber the immovable with such restrictions as may be required by the public entity, without the need to obtain the concurrence of all co-owners. D. Possession of the immovable by the managing co-owner shall continue during any period the managing co-owner has been forced to leave the immovable due to fire, hurricane, flood, or other disaster or catastrophe. E. The management of the immovable by the co-owner shall be subject to the laws of negotiorum gestio and mandate applicable to co-owners. However, the provisions of this Article shall control to the extent of any conflict. F. It is the intent of the legislature that the provisions of this Article be liberally construed to allow the maximum possible repair, reconstruction, and restoration of immovable property in this state, subject to a small succession proceeding, that has been damaged by disaster or catastrophe. G. Repealed by Acts 2012, No. 618, §2, eff. June 7, 2012. Acts 2011, No. 323, §1, eff. June 29, 2011; Acts 2012, No. 618, §2, eff. June 7, 2012.
LA Code Civ Pro art. 3431 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3431. Small successions; judicial opening unnecessary

  A. It shall not be necessary to open judicially the small succession of a person domiciled in Louisiana who died intestate or testate as provided by Article 3421(B), or domiciled outside of Louisiana who died intestate or whose testament has been probated by court order of another state, and whose sole heirs are the following:  (1) His descendants.  (2) His ascendants.  (3) His brothers or sisters, or descendants thereof.  (4) His surviving spouse.  (5) His legatees under a testament.  B. Any person appointed as public administrator by the governor may use the affidavit procedure of this Chapter to take possession of the estate of the deceased for transmittal to the state provided there is no surviving spouse or other heir present or represented in the state, and provided he has advertised one time in the official journal of the parish where a succession would have been opened under Article 2811, and verifies that he has received no notice of opposition.  C. The legal notice required in Paragraph B of this Article shall read as follows:  "Notice is hereby given to any heirs or creditors of __________ that _________, Public Administrator for the parish of _______________, intends to administer the intestate succession of __________________, under the provisions of Small Successions as set forth in Chapter 2 of Title V of Book VI of the Code of Civil Procedure.  Anyone having an objection to such administration of the succession should notify ________________ at _________________________________."  D. Repealed by Acts 2011, No. 323, §2, eff. June 29, 2011.  Amended by Acts 1984, No. 623, §1, eff. July 12, 1984; Acts 1990, No. 701, §1; Acts 1995, No. 111, §1; Acts 2006, No. 257, §1, eff. June 8, 2006; Acts 2009, No. 81, §1, eff. June 18, 2009; Acts 2011, No. 323, §§1, 2, eff. June 29, 2011; Acts 2012, No. 618, §1, eff. June 7, 2012; Acts 2020, No. 173, §1.
LA Code Civ Pro art. 3432 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3432. Affidavit for small succession; contents

A. When it is not necessary under the provisions of Article 3431 to open judicially a small succession, at least two persons, including the surviving spouse, if any, and one or more competent major heirs of the deceased, may execute one or more multiple originals of an affidavit, duly sworn before any officer or person authorized to administer oaths in the place where the affidavit is executed, setting forth: (1) The date of death of the deceased, and his domicile at the time thereof; (2) The fact that the deceased died intestate; (3) The marital status of the deceased, the location of the last residence of the deceased, and the name of the surviving spouse, if any, and the surviving spouse's address, domicile, and location of last residence; (4) The names and last known addresses of the heirs of the deceased, their relationship to the deceased, and the statement that an heir not signing the affidavit (a) cannot be located after the exercise of reasonable diligence, or (b) was given ten days notice by U.S. mail of the affiants' intent to execute an affidavit for small succession and did not object; (5) A description of the property left by the deceased, including whether the property is community or separate, and which in the case of immovable property must be sufficient to identify the property for purposes of transfer; (6) A showing of the value of each item of property, and the aggregate value of all such property, at the time of the death of the deceased; (7) A statement describing the respective interests in the property which each heir has inherited and whether a legal usufruct of the surviving spouse attaches to the property; (8) An affirmation that, by signing the affidavit, the affiant, if an heir, has accepted the succession of the deceased; and (9) An affirmation that, by signing the affidavit, the affiants swear under penalty of perjury that the information contained in the affidavit is true, correct and complete to the best of their knowledge, information, and belief. B. If the deceased had no surviving spouse, the affidavit must be signed by at least two heirs. If the deceased had no surviving spouse and only one heir, the affidavit must also be signed by a second person who has actual knowledge of the matters stated therein. C. In addition to the powers of a natural tutor otherwise provided by law, a natural tutor may also execute the affidavit on behalf of a minor child without the necessity of filing a petition pursuant to Article 4061. Amended by Acts 1974, No. 524, §1; Acts 2009, No. 81, §1, eff. June 18, 2009; Acts 2011, No. 323, §1, eff. June 29, 2011; Acts 2012, No. 618, §§1, 2, eff. June 7, 2012.