reglab/housing_qa huggingface dataset:
LA Code Civ Pro art. 3298 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3298. Hearing; order

If no opposition should be made within the time, the judge may grant to the administrator or executor the authority applied for, after the debt is proven, but if opposition should be made, he shall hear the matter and determine thereon in a summary manner.  Acts 1988, No. 564, §1; Acts 1997, No. 1421, §7, eff. July 1, 1999.
LA Code Civ Pro art. 3301 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3301. Payment of estate debts; court order

A succession representative may pay an estate debt only with the authorization of the court, except as provided by Articles 3224 and 3302. Acts 1997, No. 1421, §3, eff. July 1, 1999.
LA Code Civ Pro art. 3302 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3302. Time of payment of estate debts; urgent estate debts

A. Upon the expiration of three months from the death of the decedent, the succession representative shall proceed to pay the estate debts as provided in this Chapter. B. At any time and without publication the court may authorize the payment of estate debts the payment of which should not be delayed. Acts 1997, No. 1421, §3, eff. July 1, 1999.
LA Code Civ Pro art. 3303 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3303. Petition for authority; tableau of distribution

A. When a succession representative desires to pay estate debts, he shall file a petition for authority and shall include in or annex to the petition a tableau of distribution listing those estate debts to be paid. A court order shall not be required for the publication of the notice of filing of a tableau of distribution. B. If the funds in his hands are insufficient to pay all the estate debts in full, the tableau of distribution shall show the total funds available and shall list the proposed payments according to the rank of the privileges and mortgages of the creditors. Acts 1986, No. 204, §1; Acts 1997, No. 1421, §3, eff. July 1, 1999.
LA Code Civ Pro art. 3304 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3304. Notice of filing of petition; publication

Notice of the filing of a petition for authority to pay an estate debt shall be published once in the parish where the succession proceeding is pending in the manner provided by law. The notice shall state that the petition can be homologated after the expiration of seven days from the date of publication and that any opposition to the petition must be filed prior to homologation. Amended by Acts 1980, No. 280, §1; Acts 1989, No. 116, §1; Acts 1990, No. 65, §1, eff. June 27, 1990; Acts 1997, No. 1421, §3, eff. July 1, 1999.
LA Code Civ Pro art. 3305 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3305. Petition for notice of filing of tableau of distribution

An interested person may petition the court for notice of the filing of a tableau of distribution. The petition for such notice shall be signed by the petitioner or by his attorney, and shall set forth: (1) the name, surname, and address of the petitioner; (2) a statement of the interest of petitioner; (3) the name, surname, and office address of the attorney at law licensed to practice law in this state to whom the notice prayed for shall be mailed; and (4) a prayer that petitioner be notified, through his attorney, of the filing of the tableau of distribution. A copy of this petition shall be served upon the succession representative, as provided in Article 1314.
LA Code Civ Pro art. 3306 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3306. Notice of filing of tableau of distribution; effect of failure to serve

When notice has been requested in accordance with Article 3305, the succession representative, without the necessity for a court order thereon, shall send a notice of the filing of a tableau of distribution by mail to the attorney designated by the person praying for notice at the address designated. Proof of mailing is sufficient; no proof of receipt is required.  If no notice of the filing of a tableau of distribution has been mailed when required under this article, a judgment homologating the tableau of distribution shall have no effect against the person praying for such notice.  Amended by Acts 1962, No. 92, §1.
LA Code Civ Pro art. 3307 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3307. Homologation; payment

A. An opposition may be filed at any time before homologation, and shall be tried as a summary proceeding. If no opposition has been filed, the succession representative may have the tableau of distribution homologated and the court may grant the authority requested at any time after the expiration of seven days from the date of publication or from the date the notice required by Article 3306 is mailed, whichever is later. B. If an opposition has been taken under advisement by the court after the trial thereof, notice of the signing of the judgment homologating the tableau of distribution, as originally submitted or as amended by the court, need be mailed by the clerk of court only to counsel for the opponent, or to the opponent if not represented by counsel. C. After the delay for a suspensive appeal from the judgment of homologation has elapsed, the succession representative shall pay the debts approved by the court. Amended by Acts 1961, No. 23, §1; Acts 1980, No. 280, §1; Acts 1989, No. 116, §1; Acts 1990, No. 65, §1, eff. June 27, 1990.
LA Code Civ Pro art. 3308 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3308. Appeal

Only a suspensive appeal as provided in Article 2123 shall be allowed from a judgment homologating a tableau of distribution. The appeal bond shall comply with Article 2124. The succession representative shall retain a sum sufficient to pay the amount in dispute on appeal until a definitive judgment is rendered. He shall distribute the remainder among the creditors whose claims have been approved and are not in dispute on appeal.
LA Code Civ Pro art. 3321 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3321. Interim allowance for maintenance during administration

When a succession is sufficiently solvent, the surviving spouse, heirs, or legatees shall be entitled to a reasonable periodic allowance in money for their maintenance during the period of administration, if the court concludes that such an allowance is necessary, provided the sums so advanced to the spouse, heirs, or legatees are within the amount eventually due them. Such payments shall be charged to the share of the person receiving them. A surviving spouse, heir, or legatee may compel the payment of an allowance during the administration by contradictory motion against the succession representative. Notice of the filing of a petition for authority to pay an allowance, or of a contradictory motion to compel the payment of an allowance, shall be published once in the manner provided by law. The notice shall state that any opposition must be filed within ten days from the date of publication.
LA Code Civ Pro art. 3331 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3331. Time for filing account

A succession representative shall file an account annually and at any other time when ordered by the court on its own motion or on the application of any interested person.
LA Code Civ Pro art. 3332 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3332. Final account

A. A succession representative may file a final account of his administration at any time after homologation of the final tableau of distribution and the payment of all estate debts and legacies as set forth in the tableau. B. The court shall order the filing of a final account upon the application of an heir or residuary legatee who has been sent into possession or upon the rendition of a judgment ordering the removal of a succession representative. Acts 1997, No. 1421, §3, eff. July 1, 1999.
LA Code Civ Pro art. 3333 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3333. Contents of account

An account shall show the money and other property received by and in the possession of the succession representative at the beginning of the period covered by the account, the revenue, other receipts, disbursements, and disposition of property during the period, and the remainder in his possession at the end of the period.
LA Code Civ Pro art. 3334 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3334. Failure to file account; penalty

An interested person may proceed by contradictory motion to remove a succession representative who has failed to file an account after being ordered to do so by the court and may obtain the remedies provided by Article 2502.
LA Code Civ Pro art. 3335 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3335. Notice to heirs and residuary legatees

A copy of any account filed by a succession representative shall be served upon each heir or residuary legatee, together with a notice that the account may be homologated after the expiration of ten days from the date of service and that any opposition thereto must be filed before homologation. In the case of any account other than the final account, service on either a resident or nonresident may be made by ordinary mail. In the case of a final account, service may be made:  (a) In accordance with the provisions of Article 1314; or  (b) By certified or registered mail on either a resident or nonresident. The certificate of the attorney for the succession representative that the notice and final account were mailed to the heir or legatee, together with the return receipt signed by the addressee shall be filed in the succession proceeding prior to homologation of the final account. Amended by Acts 1966, No. 36, §1.
LA Code Civ Pro art. 3336 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3336. Opposition; homologation

An opposition to an account may be filed at any time before homologation. An opposition shall be tried as a summary proceeding. When no opposition has been filed, or to the extent to which the account is unopposed, the succession representative may have the account homologated at any time after the expiration of ten days from the date of service as provided in Article 3335.
LA Code Civ Pro art. 3337 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3337. Effect of homologation

A judgment homologating any account other than a final account shall be prima facie evidence of the correctness of the account. A judgment homologating a final account has the same effect as a final judgment in an ordinary action.
LA Code Civ Pro art. 3338 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3338. Deceased or interdicted succession representative

If a succession representative dies or is interdicted, an account of his administration may be filed by his heirs or by his legal representative; and upon the petition of an interested person the court shall order the filing of such an account.
LA Code Civ Pro art. 3351 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3351. Amount of compensation; when due

An executor shall be allowed as compensation for his services such reasonable amount as is provided in the testament in which he is appointed. An administrator for his services in administering a succession shall be allowed such reasonable amount as is provided by the agreement between the administrator and the surviving spouse, and all competent heirs or legatees of the deceased. In the absence of a provision in the testament or an agreement between the parties, the administrator or executor shall be allowed a sum equal to two and one-half percent of the amount of the inventory as compensation for his services in administering the succession. The court may increase the compensation upon a proper showing that the usual commission is inadequate. A provisional administrator or an administrator of a vacant succession shall be allowed fair and reasonable compensation by the court for his services. The compensation of a succession representative shall be due upon the homologation of his final account. The court may allow an administrator or executor an advance upon his compensation at any time during the administration. Amended by Acts 1982, No. 281, §1.
LA Code Civ Pro art. 3351.1 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3351.1. Amount of compensation; limitation when serving as attorney, corporate officer, or managing partner

A. Unless expressly stated in the testament appointing the succession representative, if the succession representative, in discharging his duties as succession representative, is or becomes an officer of a corporation, in which the majority of outstanding shares were owned by the decedent at the time of his death, or is or becomes the managing partner of a partnership in which the decedent at the time of his death owned a majority interest, the succession representative shall not receive compensation both as a succession representative and as an officer of the corporation, or managing partner of the partnership; however, the compensation of a succession representative shall be reduced by the amount of compensation which he received and which was attributable to the performance of his duties as an officer of the corporation or managing partner of the partnership. B. Unless expressly stated in the testament appointing the succession representative, if the succession representative serves as an attorney for the succession or for the succession representative, the succession representative shall not receive compensation both as a succession representative and as an attorney for the succession or for the succession representative; however, the compensation of a succession representative shall be reduced by the amount of compensation received and which was attributable to the performance of the duties as attorney for the succession or for the succession representatives. C. The provisions of Paragraphs A and B of this Article limiting compensation received by a succession representative may be waived upon written approval by the heirs and legatees of the decedent owning a two-thirds interest in the succession. D. Any compensation paid or due to a succession representative under the provisions of this Article shall not be paid unless approved by the court. Added by Acts 1988, No. 548, §1; Acts 1992, No. 484, §1.
LA Code Civ Pro art. 3352 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3352. More than one succession representative

If there is more than one succession representative, the compensation provided by Article 3351 shall be apportioned among them as the court shall direct.
LA Code Civ Pro art. 3353 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3353. Legacy to executor

A testamentary executor who is a legatee shall be entitled to compensation, unless the testament provides to the contrary. If the legacy and the compensation of the executor together exceed the disposable portion, the executor shall receive only the disposable portion.
LA Code Civ Pro art. 3361 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3361. After homologation of final tableau of distribution

At any time after the homologation of the final tableau of distribution, an heir of an intestate succession may file a petition to be sent into possession alleging the facts showing that he is an heir. Upon the filing of such a petition, the court shall order the administrator to show cause why the petitioner should not be sent into possession. Acts 1997, No. 1421, §3, eff. July 1, 1999.
LA Code Civ Pro art. 3362 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3362. Prior to homologation of final tableau of distribution

At any time prior to the homologation of the final tableau of distribution, a majority of the heirs of an intestate decedent whose succession is under administration may be sent into possession of all or part of the property of the succession upon their filing a petition for possession as provided in Articles 3001 through 3008 excluding any provisions of Article 3004 to the contrary, except that the proceeding shall be contradictory with the administrator. Upon the filing of such a petition the court shall order the administrator to show cause why the petitioners should not be sent into possession, and shall order that the petitioners be sent into possession unless the administrator or any heir shows that irreparable injury would result, and upon a showing that adequate assets will be retained in the succession to pay all claims, charges, debts, and obligations of the succession. If a majority of the heirs are sent into possession of a part of the property, the administrator shall continue to administer the remainder. Acts 1986, No. 209, §1; Acts 1997, No. 1421, §3, eff. July 1, 1999.
LA Code Civ Pro art. 3371 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3371. After homologation of final tableau of distribution

A. At any time after the homologation of the final tableau of distribution, a legatee or an heir may file a petition to be sent into possession, alleging the facts showing that he is a legatee or an heir. Upon the filing of such a petition, the court shall order the executor to show cause why the petitioner should not be sent into possession. B. Evidence of the allegations in the petition for possession showing that the petitioner is a legatee or an heir shall be submitted to the court as provided by Articles 2821 through 2823. Acts 1997, No. 1421, §3, eff. July 1, 1999.
LA Code Civ Pro art. 3372 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3372. Prior to homologation of final tableau of distribution

At any time prior to the homologation of the final tableau of distribution, the legatees in a testate succession may be sent into possession of all or part of their respective legacies upon filing a petition for possession as provided in Articles 3031 through 3035, except that the proceeding shall be contradictory with the executor. Upon the filing of such a petition, the court shall order the executor to show cause why the legatees should not be sent into possession. If the legatees are sent into possession of a part of their respective legacies, the executor shall continue to administer the remainder.
LA Code Civ Pro art. 3381 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3381. Judgment of possession

A judgment of possession shall be rendered and signed as provided in Article 3061. The judgment shall be rendered and signed only after a hearing contradictory with the succession representative, unless he joins in the petition, in which event the judgment shall be rendered and signed immediately.
LA Code Civ Pro art. 3391 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3391. Discharge of succession representative

After homologation of the final account, or upon proof that the heirs have waived a final account, the succession representative may petition for discharge. Upon the filing of receipts or other evidence satisfactory to the court, showing that the creditors have been paid and that the balance of the property in the possession of the succession representative has been distributed to the heirs and legatees, the court shall render a judgment discharging the succession representative and cancelling his bond.
LA Code Civ Pro art. 3392 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3392. Effect of judgment of discharge

The judgment discharging the succession representative relieves him of further duty, responsibility, and authority as succession representative.
LA Code Civ Pro art. 3393 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3393. Reopening of succession

A. After a succession representative has been discharged, if other property of the succession is discovered or for any other proper cause, upon the petition of any interested person, the court, without notice or upon such notice as it may direct, may order that the succession be reopened. The court may reappoint the succession representative or appoint another succession representative. The procedure provided by this Code for an original administration shall apply to the administration of a reopened succession in so far as applicable. B. After formal or informal acceptance by the heirs or legatees or rendition of a judgment of possession by a court of competent jurisdiction, if other property is discovered, or for any other proper cause, upon the petition of any interested person, the court, without notice or upon such notice as it may direct, may order that the succession be opened or reopened, as the case may be, regardless of whether or not, theretofore, any succession proceedings had been filed in court. The court may appoint or reappoint the succession representative, if any, or may appoint another, or new, succession representative. The procedure provided by this Code, for an original administration, shall apply to the administration of successions formally or informally accepted by heirs or legatees and in successions where a judgment of possession has been rendered, in so far as same is applicable. C. The reopening of a succession shall in no way adversely affect or cause loss to any bank, savings and loan association or other person, firm or corporation, who has in good faith acted in accordance with any order or judgment of a court of competent jurisdiction in any previous succession proceedings. Amended by Acts 1970, No. 644, §1; Acts 1997, No. 1421, §3, eff. July 1, 1999.
LA Code Civ Pro art. 3394 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3394. Refusal or inability to accept funds; deposit in bank

A. When an heir, legatee, or creditor is unwilling or unable to accept and receipt for the amount due him, on contradictory motion against the heir, legatee, or creditor the court may order that the succession representative deposit in a state or national bank or in the registry of the court to the credit of the person entitled thereto the amount due him. B. A receipt showing the deposit shall be sufficient in the discharge of the succession representative to the same extent as though distribution to the person entitled thereto had been made. Acts 1997, No. 1421, §3, eff. July 1, 1999.
LA Code Civ Pro art. 3395 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3395. Disposition of movables not accepted by heir

If the succession representative has in his possession corporeal movable property the delivery of which an heir, legatee, or creditor is unwilling or unable to accept and receipt for, the succession representative may make such disposition thereof as the court may direct.
LA Code Civ Pro art. 3396 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3396. Definitions

In this Chapter: (1) "Independent administration" means the administration of an estate in accordance with the provisions of this Chapter. (2) "Independent administrator" means the succession representative authorized by the court to administer a succession in accordance with the provisions of this Chapter. The term "independent administrator" means and includes "independent executor". (3) "Independent executor" means and includes an independent administrator. (4) "Letters of independent administration" means letters testamentary or letters of administration that signify that the administration of a succession by the designated succession representative is authorized pursuant to the provisions of this Chapter. The term "letters of independent administration" includes "letters of independent executorship", and the term "letters of independent executorship" includes "letters of independent administration". Such letters have the same force and effect as letters of administration or letters testamentary in a succession that is administered in accordance with the other provisions of this Book. Acts 2001, No. 974, §1.
LA Code Civ Pro art. 3396.1 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3396.1. Scope

  Upon qualification of a succession representative and compliance with the provisions of this Chapter, the clerk shall issue letters of independent administration or letters of independent executorship, as appropriate, certifying that the independent administrator has been duly qualified.  Acts 2001, No. 974, §1; Acts 2020, No. 107, §1, eff. June 9, 2020.