reglab/housing_qa huggingface dataset:
LA Code Civ Pro art. 3229 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3229. Notice by publication of application for court order; opposition

A. When an application is made for an order under Articles 3198, and 3224 through 3228, notice of the application shall be published once in the parish where the succession proceeding is pending in the manner provided by law. When an application is made for an order under Article 3226 to grant a mineral lease, the notice shall also be published in the parish or parishes in which the affected property is located. B. A court order shall not be required for the publication of the notice. The notice shall state that the order may be issued after the expiration of seven days from the date of publication and that an opposition may be filed at any time prior to the issuance of the order. If no opposition is filed, the court may grant the authority requested at any time after the expiration of the seven days from the date of publication. C. An opposition shall be tried as a summary proceeding. Amended by Acts 1974, No. 131, §2; Acts 1981, No. 317, §1; Acts 1987, No. 269, §1.
LA Code Civ Pro art. 3241 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3241. Presenting claim against succession

A creditor of a succession under administration may submit his claim to the succession representative for acknowledgment and payment in due course of administration. Except for the purposes of Article 3245, no particular form is required for the submission of a claim by a creditor of the succession other than that it be in writing.
LA Code Civ Pro art. 3242 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3242. Acknowledgment or rejection of claim by representative

The succession representative to whom a claim against the succession has been submitted, within thirty days thereof, shall either acknowledge or reject the claim, in whole or in part. This acknowledgment or express rejection shall be in writing, dated, and signed by the succession representative, who shall notify the claimant of his action. Failure of the succession representative either to acknowledge or reject a claim within thirty days of the date it was submitted to him shall be considered a rejection thereof.
LA Code Civ Pro art. 3243 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3243. Effect of acknowledgment of claim by representative

The acknowledgment of a claim by the succession representative, as provided in Article 3242, shall:  (1) Entitle the creditor to have his claim included in the succession representative's petition for authority to pay debts, or in his tableau of distribution, for payment in due course of administration;  (2) Create a prima facie presumption of the validity of the claim, even if it is not included in the succession representative's petition for authority to pay debts, or in his tableau of distribution; and  (3) Suspend the running of prescription against the claim as long as the succession is under administration.
LA Code Civ Pro art. 3244 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3244. Effect of inclusion of claim in petition or in tableau of distribution

The inclusion of the claim of a creditor of the succession in the succession representative's petition for authority to pay debts or in his tableau of distribution creates a prima facie presumption of the validity of the claim; and the burden of proving the invalidity thereof shall be upon the person opposing it.
LA Code Civ Pro art. 3245 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3245. Submission of formal proof of claim to suspend prescription

A. A creditor may suspend the running of prescription against his claim for up to ten years:  (1) By delivering personally or by certified or registered mail to the succession representative, or his attorney of record, a formal written proof of the claim. (2) By filing a formal written proof of the claim in the record of the succession proceeding, if the succession has been opened and no person has been appointed or confirmed as succession representative and no judgment of possession has been signed. (3) By filing a formal written proof of the claim in the mortgage records of the appropriate parish as provided in Article 2811, in the absence of a proceeding to open the succession. B. Such proof of claim shall be sworn to by the claimant and shall set forth:  (1) The name and address of the creditor;  (2) The amount of the claim, and a short statement of facts on which it is based; and  (3) If the claim is secured, a description of the security and of any property affected thereby. C. If the claim is based on a written instrument, a copy thereof with all endorsements must be attached to the proof of the claim. The original instrument must be exhibited to the succession representative on demand, unless it is lost or destroyed, in which case its loss or destruction must be stated in the claim. D. The submission of this formal proof of claim, even though it be rejected subsequently by the succession representative, shall suspend the running of prescription against the claim as long as the succession is under administration or, if the succession has been opened and no person has been appointed or confirmed as succession representative and no judgment of possession has been signed, submission of the formal proof of claim shall suspend the running of prescription against the claim as long as no judgment of possession has been signed. In the absence of a proceeding to open the succession, submission of the formal proof of claim shall suspend the running of prescription against the claim for five years, commencing from the date of submission of the proof of claim. Acts 1987, No. 693, §1; Acts 1993, No. 481, §1.
LA Code Civ Pro art. 3246 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3246. Rejection of claim; prerequisite to judicial enforcement

A creditor of a succession may not sue a succession representative to enforce a claim against the succession until the succession representative has rejected the claim. If the claim is rejected in whole or in part by the succession representative, the creditor to the extent of the rejection may enforce his claim judicially.
LA Code Civ Pro art. 3247 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3247. Execution against succession property prohibited

Execution shall not issue against any property of a succession under administration to enforce a judgment against the succession representative, or one rendered against the deceased prior to his death.
LA Code Civ Pro art. 3248 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3248. Enforcement of conventional mortgage or pledge

The provisions of Articles 3246 and 3247 shall not prevent the enforcement of a conventional mortgage on or a pledge of movable or immovable property of the succession in a separate proceeding.
LA Code Civ Pro art. 3249 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3249. Succession representative as party defendant

The succession representative shall defend all actions brought against him to enforce claims against the succession, and in doing so may exercise all procedural rights available to a litigant.
LA Code Civ Pro art. 3261 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3261. Purpose of sale

A succession representative may sell succession property in order to pay debts and legacies, or for any other purpose, when authorized by the court as provided in this Chapter.
LA Code Civ Pro art. 3262 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3262. No priority as between movables and immovables

There shall be no priority in the order of sale as between movable and immovable property.
LA Code Civ Pro art. 3263 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3263. Terms of sale

Sales of succession property shall be for cash, unless upon the petition of the succession representative the court authorizes a credit sale. When a credit sale is authorized, the order shall specify the terms of the sale and the security.
LA Code Civ Pro art. 3264 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3264. Perishable property; crops

Upon the petition of the succession representative as provided in Articles 3263 and 3271, the court may order the immediate sale of perishable property and growing crops either at public auction or private sale, without appraisal, and without advertisement, or with such advertisement as the court may direct.
LA Code Civ Pro art. 3265 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3265. Prima facie proof of publication

 When a publication of notice is required by this Title, prima facie proof may be made either by an affidavit of publication by the official journal or newspaper which published the notice, reciting the date or dates of publication and the text of the notice, or by the original newspaper tear sheet showing both the text of the notice and its date of publication, accompanied by an affidavit by the moving party or the party's attorney, attesting to the publication and its date or dates. Acts 1993, No. 26, §1, eff. May 18, 1993.
LA Code Civ Pro art. 3266 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3266. Issuance of certificates of no opposition

When no opposition has been filed to an application by a succession representative for an order or judgment of the court, pursuant to an Article of this Title, the clerk of court shall issue a certificate that no opposition has been filed. No further proof shall be required. Acts 1993, No. 27, §1, eff. May 18, 1993.
LA Code Civ Pro art. 3271 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3271. Petition; order

A succession representative desiring to sell succession property at public auction shall file a petition setting forth a description of the property and the reasons for the sale. The court shall render an order authorizing the sale at public auction after publication, when it considers the sale to be to the best interests of the succession.
LA Code Civ Pro art. 3272 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3272. Publication of notice of sale; place of sale

Notice of the sale shall be published at least once for movable property, and at least twice for immovable property, in the manner provided by law. The court may order additional publications. The notice of sale shall be published in the parish where the succession proceeding is pending. When immovable property situated in another parish is to be sold, the notice shall also be published in the parish where the property is situated. When movable property situated in another parish is to be sold, the court may require the notice to be published also in the parish where the property is situated. The sale shall be conducted in the parish where the succession proceeding is pending, unless the court orders that the sale be conducted in the parish where the property is situated.
LA Code Civ Pro art. 3273 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3273. Minimum price; second offering

The property shall not be sold if the price bid by the last and highest bidder is less than two-thirds of the appraised value in the inventory. In that event, on the petition of the succession representative, the court shall order a readvertisement in the same manner as for an original sale, and the same delay must elapse. At the second offering the property shall be sold to the last and highest bidder regardless of the price.
LA Code Civ Pro art. 4321 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4321. Petition; order

In addition to the requirements of Article 4271, a petition for authority to sell property of a minor at public sale shall set forth a description of the property and the reasons which make it advantageous to the minor to sell at public sale. The court shall render an order authorizing the sale at public auction after publication, when it considers the sale to be to the best interest of the minor. The order shall specify the minimum price to be accepted.
LA Code Civ Pro art. 4322 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4322. Publication; place of sale

Notice of the sale shall be published in the parish in which the tutorship proceeding is pending, at least twice for immovable property and at least once for movable property, in the manner provided by law. The court may order additional advertisements. When immovable property situated in another parish is to be sold, the notice shall also be published in the parish where the property is situated. When movable property situated in another parish is to be sold, the court may require the notice to be published also in the parish where the property is situated. The sale shall be conducted in the parish in which the tutorship proceeding is pending, unless the court orders that the sale be conducted in the parish where the property is situated.
LA Code Civ Pro art. 4323 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4323. Minimum price; subsequent offering

The property shall not be sold if the price bid by the last and highest bidder is less than the minimum price fixed by the court. In that event, on the petition of the tutor, the court may order another offering, with the same formalities as for an original offering, at a lower minimum price.
LA Code Civ Pro art. 3281 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3281. Petition for private sale

A. A succession representative who desires to sell succession property at private sale shall file a petition setting forth a description of the property, the price and conditions of and the reasons for the proposed sale. If an agreement to sell has been executed in accordance with Paragraph B of this Article, a copy of such agreement shall be annexed to the petition.  B. A succession representative may execute, without prior court authority, an agreement to sell succession property at private sale, subject to the suspensive condition that the court approve the proposed sale. C. The succession representative shall be obligated to file a petition in accordance with Paragraph A of this Article within thirty (30) days of the date of execution of such an agreement to sell. Amended by Acts 1980, No. 369, §1.
LA Code Civ Pro art. 3282 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3282. Publication

Notice of the application for authority to sell succession property at private sale shall be published at least once for movable property, and at least twice for immovable property, in the manner provided by law. A court order shall not be required for the publication of the notice. The notice shall be published in the parish in which the succession proceeding is pending. When immovable property situated in another parish is to be sold, the notice shall also be published in the parish in which the property is situated. When movable property situated in another parish is to be sold, the notice may be published also in the parish in which the property is situated, without necessity of a court order for the publication; however, the court may order the notice to be published in the parish where the movable property is situated. The notice shall state that any opposition to the proposed sale must be filed within seven days from the date of the last publication. Amended by Acts 1972, No. 626, §1; Acts 1976, No. 364, §1.
LA Code Civ Pro art. 3283 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3283. Who may file opposition

An opposition to a proposed private sale of succession property may be filed only by an heir, legatee, or creditor.
LA Code Civ Pro art. 3284 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3284. Order; hearing

A. If no opposition has been filed timely and the court considers the sale to be to the best interests of the succession, the court shall render an order authorizing the sale and shall fix the minimum price to be accepted. The price may be fixed exactly as the appraised value, as a fraction of the appraised value, as more than the appraised value, or as not less than the appraised value of the property. If an agreement to sell has been executed as provided in Article 3281 and the price and conditions fixed by the court are the price and conditions set in the agreement, the order of court authorizing the sale under such agreement shall fulfill the suspensive condition of the agreement, which thereafter shall be enforceable by the parties to the agreement. B. Nothing contained in this Article shall affect the general duties of a succession representative. C. An opposition shall be tried as a summary proceeding. D. This Article is remedial and shall be retroactive to January 1, 1961. All sales of succession property on and after January 1, 1961, made in compliance with the provisions of this Article are hereby validated. Amended by Acts 1968, No. 203, §§1, 2; Acts 1980, No. 369, §1.
LA Code Civ Pro art. 3285 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3285. Bonds and stocks

A succession representative may sell bonds and shares of stock at private sale at rates prevailing in the open market, by obtaining a court order authorizing the sale. No advertisement is necessary, and the order authorizing the sale may be rendered upon the filing of the petition. The endorsement of the succession representative and a certified copy of the court order authorizing the sale shall be sufficient warrant for the transfer.
LA Code Civ Pro art. 3286 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3286. Court may authorize listing

A succession representative who desires to list succession property for sale shall file a petition to which shall be annexed the proposed listing agreement, which shall contain a provision that any offer to purchase submitted under such agreement to the succession representative shall be subject to the suspensive condition that the court approve the proposed sale. The court shall render an order, ex parte, authorizing the execution of the listing agreement by the succession representative when it considers such agreement to be in the best interests of the succession. Added by Acts 1980, No. 369, §2.
LA Code Civ Pro art. 3287 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3287. Household goods

A succession representative may sell household goods at prices not less than the appraised value of such goods in the succession inventory or descriptive list by obtaining an order authorizing sales, from time to time, for such prices as the succession representative shall determine. No advertisement shall be necessary, and the order authorizing such sales may be rendered upon the filing of the petition. Household goods shall include furniture, furnishings, appliances, linen, and clothing. If the succession representative desires to sell household goods for less than the appraised value, advertisement shall be required. Acts 1985, No. 724, §1.
LA Code Civ Pro art. 3288 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3288. Motor vehicles; sale at appraised value

A. A succession representative may sell motor vehicles at prices not less than the appraised value of such motor vehicles in the succession inventory or descriptive list by obtaining an order authorizing sales, from time to time, for such prices as the succession representative shall determine. No advertisement shall be necessary, and the order authorizing such sales may be rendered upon the filing of the petition. If the succession representative desires to sell motor vehicles for less than the appraised value, advertisement shall be required. B. For purposes of this Article, "motor vehicles" shall include automobiles, two-axle trucks, and motorcycles. Acts 1986, No. 237, §1.
LA Code Civ Pro art. 4341 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4341. Petition

In addition to the requirements of Article 4271, a petition for authority to sell property of a minor at private sale shall set forth a description of the property, the price and conditions of the proposed sale, and the reasons which make it advantageous to the minor to sell at private sale.
LA Code Civ Pro art. 4342 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4342. Bonds and stocks

A tutor may sell bonds and stocks of the minor at rates prevailing in the open market, after compliance with Article 4271, by obtaining a court order authorizing the sale. The endorsement of the tutor and a certified copy of the court order authorizing the sale shall be sufficient warrant for the transfer. Amended by Acts 1962, No. 92, §1.
LA Code Civ Pro art. 3291 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3291. Court may authorize exchange

The court may authorize an exchange of succession property, on the petition of the succession representative, for a consideration to be paid in corporate stock or other property, or partly therein and partly in cash, if advantageous to the heirs and legatees and not prejudicial of the rights of the succession creditors. Amended by Acts 1962, No. 92, §3.
LA Code Civ Pro art. 3292 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3292. Petition for authority to exchange

The petition of the succession representative for authority to exchange succession property for other property, or for other property and cash, shall set forth a description of both properties, the petitioner's opinion of the values thereof, the conditions of the exchange, and the reasons why such an exchange would be advantageous to the heirs and legatees, and would not prejudice the rights of succession creditors. Added by Acts 1962, No. 92, §3.
LA Code Civ Pro art. 3293 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3293. Copy of petition for authority to be served on heirs and legatees; exception

A certified copy of the succession representative's petition for authority to exchange succession property shall be served, as provided in Article 1314, on all heirs and legatees of the deceased who have not joined in this petition. The petition need not be served on a legatee who has received all of his legacies as provided in the testament. Added by Acts 1962, No. 92, §3; Amended by Acts 1988, No. 578, §1.
LA Code Civ Pro art. 3294 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3294. Publication of notice; opposition; hearing; order

The provisions of Articles 3282 through 3284 shall apply to the publication of notice of the application for authority to exchange succession property, opposition thereto, and the hearing and order thereon. Added by Acts 1962, No. 92, §3.
LA Code Civ Pro art. 3295 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3295. Giving in payment of succession property

The executor or administrator may transfer by a giving in payment any succession property in satisfaction of secured or unsecured debts. The property may be taken in indivision by the secured or unsecured creditors, or both. Acts 1988, No. 564, §1; Acts 1997, No. 1421, §7, eff. July 1, 1999; Acts 2003, No. 545, §1.
LA Code Civ Pro art. 3296 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3296. Petition

A. To this end, he shall present to the judge a petition setting forth the nature of the property, the amount of the encumbrances if any, and the reasons why he deems it in the best interest of the succession to convey the property in satisfaction of the debt or debts.  B. A copy of the petition shall be served by the executor or administrator on each creditor of the succession who has requested notification, together with a notice requiring that any opposition to the granting of the application be filed within seven days from date of service. Service of the petition as set forth herein may be made by registered or certified mail, return receipt requested.  Acts 1988, No. 564, §1; Acts 1997, No. 1421, §7, eff. July 1, 1999.
LA Code Civ Pro art. 3297 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3297. Publication

Notice of the application shall be published in the manner prescribed for judicial advertisements, requiring all whom it may concern, including the heirs, to make opposition, if they have any, to the granting of the application, within seven days from the day whereon the last publication appears.  Amended by Acts 1981, No. 314, §1; Acts 1997, No. 1421, §7, eff. July 1, l999.