reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1257. Conventional servitude of drain; right of dominant estate owner to enter servient estate

RS 9:1257 - Conventional servitude of drain; right of dominant estate owner to enter servient estate
A. A conventional servitude of drain may be acquired by title, by acquisitive prescription, or by destination of the owner.
B. The owner of the dominant estate with a conventional servitude of drain has the right to enter with his workmen and equipment into the part of the servient estate that is needed for the construction or repair of works required for the use or the preservation of the servitude. This includes the removal of obstructions from any waterway on the servient estate through which the right of drain is exercised, and the dredging of the waterway and removal of silt from it. The owner of the dominant estate may deposit materials to be used for the works, and the debris and silt that may result, subject to the obligation of causing the least possible damage and of removing them as soon as possible.
C. The owner of the dominant estate may engage another person to exercise and perform on his behalf the functions authorized by this Section. The engagement may be through contract of employment, mandate, or otherwise. This shall include a drainage district within which his estate is located.
Acts 2020, No. 59, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1272. Definitions

RS 9:1272 - Definitions
As used in this Chapter unless the context otherwise requires:
(1) "Conservation servitude" means a nonpossessory interest of a holder in immovable property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open-space values of immovable property, assuring its availability for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, archaeological, or cultural aspects of unimproved immovable property.
(2) "Holder" means:
(a) A governmental body empowered to hold an interest in immovable property under the laws of this state or the United States; or
(b) A charitable corporation, charitable association, or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open-space values of immovable property, assuring the availability of immovable property for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, archaeological, or cultural aspects of unimproved immovable property.
(3) "Third party right of enforcement" means a right provided in a conservation servitude to enforce any of its terms granted to a governmental body, charitable corporation, charitable association, or charitable trust, which, although eligible to be a holder, is not a holder.
Acts 1986, No. 217, §1, eff. Jan. 1, 1987.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1273. Creation, conveyance, acceptance and duration

RS 9:1273 - Creation, conveyance, acceptance and duration
A. Except as otherwise provided in this Chapter, a conservation servitude may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other servitudes created by contract.
B. No right or duty in favor of or against a holder, and no right in favor of a person having a third party right of enforcement shall arise under a conservation servitude before its acceptance by the holder and a recordation of the acceptance.
C. A conservation servitude is unlimited in duration unless the instrument creating it otherwise provides.
D. Any interest in immovable property in existence at the time a conservation servitude is created is not impaired by the conservation servitude unless the owner of the interest is a party to the conservation servitude or consents to it.
Acts 1986, No. 217, §1, eff. Jan. 1, 1987.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1274. Judicial actions

RS 9:1274 - Judicial actions
Any action affecting a conservation servitude may be brought by any one of the following:
(1) An owner of an interest in the immovable property burdened by the servitude.
(2) A holder of the servitude.
(3) A person having a third party right of enforcement.
(4) A person otherwise authorized by law.
Acts 1986, No. 217, §1, eff. Jan. 1, 1987.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1275. Applicability

RS 9:1275 - Applicability
A. This Chapter applies to any interest created after December 31, 1986 which complies with the provisions of this Chapter, whether designated as a conservation servitude or as a covenant, equitable servitude, restriction, or otherwise.
B. This Chapter applies to any interest created before January 1, 1987 if it would have been enforceable had it been created after December 31, 1986 unless retroactive application contravenes the constitution or laws of this state or the United States.
C. This Chapter does not invalidate any interest, whether designated as a conservation or preservation servitude or as a covenant, equitable servitude, restriction, or otherwise, that is enforceable under any other law of this state.
Acts 1986, No. 217, §1, eff. Jan. 1, 1987.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1276. Uniformity of application and construction

RS 9:1276 - Uniformity of application and construction
A. This Chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Chapter among states enacting similar provisions of law.
B. The provisions of this Chapter shall supercede any conflicting provisions of Civil Code Article 608.
C. This Chapter shall not be applied or construed to allow or permit the holder or owner of such servitude to obstruct or in any way impede the construction, operation, or maintenance of needed public utility facilities as provided by law on the effective date of this Chapter.
Acts 1986, No. 217, §1, eff. Jan. 1, 1987.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1422. Certified copies of inventories in Parish of Orleans; admission as proof

RS 9:1422 - Certified copies of inventories in Parish of Orleans; admission as proof
Certified copies of original inventories of a succession taken in the parish of Orleans may be returned into the court having jurisdiction and when returned may be admitted as proof in the courts.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1423. Fees of experts and appraisers

RS 9:1423 - Fees of experts and appraisers
The fees allowed to experts, notary publics and appraisers appointed to assist in taking inventories of successions, tutorships, interdictions, and other proceedings requiring the taking of inventories, shall be fixed by the court appointing such experts, notary publics and appraisers, and shall be taxed as costs in those proceedings in which the taking of an inventory is required.
Amended by Acts 1970, No. 508, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1424. Affixing of seals on succession property; preservation

RS 9:1424 - Affixing of seals on succession property; preservation
On the application of an interested party, or on its own motion, the court may order the affixing of seals on succession property in the manner and to the extent directed by the court, and may take such other action as the court deems necessary for the preservation of the succession property in the interest of the succession, the heirs, and the creditors.
Added by Acts 1960, No. 31, §6; eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1425. Succession judgments affecting real property in Orleans; attorneys to file with assessor

RS 9:1425 - Succession judgments affecting real property in Orleans; attorneys to file with assessor
A. Whenever any real property situated in the parish of Orleans is included in a succession judgment, signed upon the presentation of a petition for simple possession and rendered without opposition, a copy of all such succession judgments shall be filed within fifteen days with the assessor for the parish of Orleans by the attorney at law representing the succession, and it shall be the duty of the attorney representing the successful litigant, if such judgments include any real property situated in the parish of Orleans are signed after opposition and litigation, to so file such judgments with the said assessor within fifteen days from the date the judgments become final.
B. Whoever violates the provisions of this Section shall be fined not more than fifty dollars or imprisoned in the parish jail for not more than sixty days, or both.
Added by Acts 1964, No. 43, §§2, 3; Acts 2006, No. 622, §1, eff. Dec. 11, 2006.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1426. Retirement plan; usufruct of surviving spouse

RS 9:1426 - Retirement plan; usufruct of surviving spouse
A.(1) If a recurring payment is being made from a public or private pension or retirement plan, an annuity policy or plan, an individual retirement account, a Keogh plan, a simplified employee plan, or any other similar retirement plan, to one partner or to both partners of a marriage, and the payment constitutes community property, and one spouse dies, the surviving spouse shall enjoy a legal usufruct over any portion of the continuing recurring payment which was the deceased spouse's share of their community property, provided the source of the benefit is due to payments made by or on behalf of the survivor.
(2) This usufruct shall exist despite any provision to the contrary contained in a testament of the deceased spouse.
B. The usufruct granted by this Section shall be treated as a legal usufruct and is not an impingement upon the legitime and a naked owner shall not have a right to demand security.
Acts 1990, No. 1075, §1, eff. July 27, 1990; Acts 1997, No. 1421, §6, eff. July 1, 1999.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1441. Presumption of death of military personnel

RS 9:1441 - Presumption of death of military personnel
A person on active duty in one of the armed services of the United States, who has been reported missing under circumstances which have induced the armed service to which he was attached to accept the presumption of his death, shall likewise be presumed dead under the law of this state.
Added by Acts 1960, No. 31, §6; eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1442. Succession of military personnel presumed dead

RS 9:1442 - Succession of military personnel presumed dead
A. The succession of a person presumed dead, as provided in R.S. 9:1441, may be opened, administered, and his heirs or legatees sent into absolute possession of his estate, by the district court of the parish where he was domiciled at the time of entering the armed service, and in the same manner as the succession of a deceased person, except as otherwise provided in R.S. 9:1443. His heirs and legatees sent into possession of his property judicially may thereafter deal with such property as the absolute and unconditional owners, and third persons may safely deal with them as such.
B. If it is subsequently discovered that the person presumed dead is alive, and within thirty years of the date of the judgment of possession he demands the return of his property, the persons sent into possession thereof as his heirs or legatees shall return to him all such property which they still own, subject to the mortgages and other encumbrances which they have placed thereon. These persons shall also repay him the value of all property of which they were sent into possession and which they have alienated, and the amount of the mortgages and other encumbrances which they placed on property returned to him. The persons sent into possession as his heirs or legatees shall return to him the annual revenues of his property as follows:
(1) If he reappears within five years, they shall return two-thirds.
(2) If he reappears after five and within seven years, one-half.
(3) But after seven years' absence, the whole of the revenue shall belong to those who shall have been put into possession.
Acts 1960, No. 31, §6; eff. Jan. 1, 1961; Acts 1990, No. 989, §8, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1443. Proof of presumption of death of military personnel

RS 9:1443 - Proof of presumption of death of military personnel
In a proceeding to open the succession of a person presumed dead, as provided in R.S. 9:1441, or in any other action or proceeding whatever in which the presumption of his death is an issue, this presumption may be proved by a certified copy of an official certificate of the armed service to which he was attached, or of pertinent excerpts from his service record, indicating that the armed service has accepted the presumption of his death.
Added by Acts 1960, No. 31, §6; eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1451. §§1451 to 1454 Repealed by Acts 1960, No. 31, §7, eff. Jan. 1, 1961

RS 9:1451 - §§1451 to 1454 Repealed by Acts 1960, No. 31, §7, eff. Jan. 1, 1961
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1454.1. Prescription against informalities of legal procedure

RS 9:1454.1 - Prescription against informalities of legal procedure
Any and all informalities of legal procedure connected with or growing out of any private sale of any succession property by executors or administrators, pursuant to the provisions of R.S. 9:1451 through 9:1454, inclusive, authorized by an order of the courts of this state, to sell at private sale, shall be prescribed against by those claiming under such sale after the lapse of two years from the date of the sale; provided, that where any such informality of legal procedure has existed for a period of two years prior to July 27, 1960, an action to annul because of such informality must be brought within six months from and after July 27, 1960.
Added by Acts 1960, No. 367, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1511. Option for servitudes or flowage rights; perfecting

RS 9:1511 - Option for servitudes or flowage rights; perfecting
In any case where a person had executed in favor of the United States of America an option for the acquisition of servitudes or flowage rights in any of the spillways in the state and dies prior to the execution of the formal deeds, the administrator, executor, or curator, after having first obtained an order of court authorizing him to sign the deed, may effectuate such option, by deed in the form provided by the United States of America.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1513. Payment to surviving spouse without court proceedings

RS 9:1513 - Payment to surviving spouse without court proceedings
A. Any federally insured depository institution may pay to the surviving spouse of a depositor a sum not to exceed twenty thousand dollars out of the deposits of a decedent or out of deposits of the community between the survivor and the decedent, deposited in the name of the decedent, or of the survivor, or in the name of the decedent jointly with the survivor or otherwise, without any court proceedings, order, or judgment authorizing the same. The surviving spouse shall give to the paying depository an affidavit that the total funds withdrawn do not exceed twenty thousand dollars from all depositories.
B. In the event of such payment, the receipt of the surviving spouse to whom it is made is a full release and discharge of the payor federally insured depository institution for the amount paid and for any inheritance tax determined to be due, and no tax collector, creditor, heir, personal representative, or any other person shall have any right or cause of action against any federally insured depository institution on account of the payment.
C. Notwithstanding the provisions of Subsection A of this Section, in the event a surviving spouse possesses funds which have been deposited in an account listed solely in the name of the surviving spouse, the payor federally insured depository institution may release such funds in the account of the surviving spouse without liability for any estate, inheritance, or succession taxes which may be due to the state.
D. Notwithstanding the provisions of this Section or any other provision of law, the provisions of R.S. 6:312 establish the exclusive method for payment of funds from an alternative account.
Added by Acts 1952, No. 539, §1. Amended by Acts 1956, No. 559, §1; Acts 1958, No. 126, §1; Acts 1964, No. 194, §2; Acts 1966, No. 235, §2; Acts 1974, No. 20, §1; Acts 1976, No. 316, §1; Acts 1978, No. 153, §1; Acts 1984, No. 54, §1; Acts 1995, No. 1143, §2; Acts 2018, No. 302, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1514. Credit unions; payment to surviving spouse without court proceedings

RS 9:1514 - Credit unions; payment to surviving spouse without court proceedings
A.(1) Any credit union in Louisiana may pay to the surviving spouse the value of any shares standing in the name of the decedent in the credit union not in excess of ten thousand dollars without any court proceedings, order or judgment authorizing the same and without determining whether the shares belong to the separate estate of decedent or to the community which existed between the decedent and the surviving spouse. The surviving spouse shall give to the paying depository an affidavit that the total funds withdrawn do not exceed ten thousand dollars from all depositories.
(2) The receipt of the surviving spouse for the payment shall constitute a full release and discharge of the credit union for the amount paid. No person, natural or juridical, shall have any right or cause of action against a credit union because of the payment.
(3) In the event such deceased member of the credit union leaves no surviving spouse, the credit union may pay the balance in the deceased member's share account to the major children of the deceased upon presentment of an affidavit that the total funds withdrawn do not exceed ten thousand dollars from all depositories.
(4) The receipt of a major child of the deceased member for the payment shall constitute a full release and discharge of the credit union for the amount paid. No person, natural or juridical, shall have any right or cause of action against a credit union because of the payment.
B.(1) Any credit union may pay to the surviving spouse of a depositor a sum not to exceed ten thousand dollars out of the deposits of a decedent or out of deposits of the community between the survivor and the decedent, deposited in the name of decedent or of the survivor or in the name of the decedent jointly with the survivor or otherwise, without any court proceedings, order or judgment authorizing the same. The surviving spouse shall give the paying depository an affidavit that the total funds withdrawn do not exceed ten thousand dollars from all depositories.
(2) The receipt of the surviving spouse to whom payment is made is a full release and discharge of the payor credit union for the amount paid, and no tax collector, creditor, heir, personal representative, or any other person shall have any right or cause of action against any credit union on account of the payment.
C. Notwithstanding the provisions of this Section or any other provision of law, the provisions of R.S. 6:664 shall establish the exclusive method for payment of funds from a multiple party account.
Acts 1964, No. 166, §1. Amended by Acts 1966, No. 235, §2; Acts 1974, No. 20, §1; Acts 1978, No. 153, §1; Acts 1984, No. 54, §1; Acts 1995, No. 293, §2; Acts 2010, No. 175, §2.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1515. Payment to surviving spouse or children of deceased; last wages due by employers

RS 9:1515 - Payment to surviving spouse or children of deceased; last wages due by employers
A. Any employer may pay to the surviving spouse of a deceased employee any wages, sick leave, annual leave, or other benefits due to a deceased employee, provided neither spouse has instituted a divorce proceeding. In the event the deceased employee leaves no surviving spouse or if either spouse has instituted a divorce proceeding, the employer may pay the last wages and other benefits to any major child of the deceased employee.
B. Before making such payment to the person requesting same, the employer shall require such person to execute an instrument before two witnesses which shall give the name, address, date and place of death of the deceased employee, the relationship of the person requesting payment to said employee, the name and address of the surviving spouse, or children, if any, of said deceased employee and such other information as the employer may require.
C. The employer may make the payments referred to in this Section, without any court proceedings, order, or judgment authorizing the same and without determining whether or not any inheritance taxes may be due or whether the funds belong to the separate estate of decedent or to the community which existed between the decedent and the surviving spouse, but only if the employer forwards an affidavit stating the name of the deceased, the amount paid, the name of the recipient, and a copy of the release document substantiating the release to the secretary of the Department of Revenue within ten calendar days of the release of the funds.
D. The execution of the instrument referred to in Subsection B and the receipt of such person for such payment shall constitute a full release and discharge of the employer for the amount paid and for all inheritance taxes which may be determined to be due. No person natural or juridical shall have any right or cause of action against such employer because of such payment. R.S. 47:2410 does not apply in such cases.
E. The term "employer" as used in this Section includes the state and any of its political subdivisions which employed such deceased employee and owed him any wages, sick leave, annual leave, or other employment benefits at the time of death.
Added by Acts 1968, No. 253, §1. Amended by Acts 1974, No. 152, §1; Acts 1978, No. 96, §1; Acts 1992, No. 604, §1; Acts 1997, No. 658, §2; Acts 2005, No. 24, §1, eff. June 9, 2005.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1516. Transfer or payment of monetary proceeds of minerals or mineral products, rentals, accrued royalties, and other funds related to minerals or mineral contracts belonging or payable to deceased person; authority; discharge of holder

RS 9:1516 - Transfer or payment of monetary proceeds of minerals or mineral products, rentals, accrued royalties, and other funds related to minerals or mineral contracts belonging or payable to deceased person; authority; discharge of holder
A. Upon proper authority any holder of monetary proceeds of minerals or mineral products, rentals, accrued royalties or other funds related to minerals or mineral products, belonging or payable to a deceased person, under the terms of a mineral lease or other contract, by operation of law or otherwise, may transfer or pay the same to the decedent's succession representatives, heirs, or the legal representatives of the heirs. The letters of the succession representative or the judgment recognizing and putting the heirs in possession, issued by a Louisiana court of competent jurisdiction, and accompanied by letters of tutorship or curatorship of the heirs who are not sui juris, shall constitute proper authority for making the transfer or payment which when so made shall be full protection to the holder. Conclusive proof to the holder of the letters or judgment and of the jurisdiction of the court rendering them shall result from copies thereof, duly certified.
B. Nothing contained in this section shall be construed as limiting the rights of a holder in making any transfer or payment under the terms and provisions of a mineral lease or other contract, or under existing law.
C. The term "holder" as used in this section means any natural person, corporation, association, partnership, receiver, tutor, curator, executor, administrator, fiduciary, or representative of any kind, in possession of the monetary proceeds of minerals or mineral products, rentals, accrued royalties or other funds related to minerals or mineral contracts, belonging or payable to a deceased person.
D. All laws or parts of laws in conflict herewith are hereby repealed. It is expressly provided however, that R.S. 30:105 through 108 shall not be repealed by the provisions of this section, nor shall this section be construed as altering or affecting the provisions of R.S. 47:2413.
Acts 1970, No. 153, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1517. Certain succession representatives; power of attorney

RS 9:1517 - Certain succession representatives; power of attorney
Any person confirmed as a testamentary executor, or appointed dative testamentary executor, provisional administrator, or administrator of a succession may, by power of attorney, designate a person to manage in his stead. The mandatary may substitute another person to manage in his stead but only if the procuration empowers him to substitute.
Acts 1985, No. 284, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1521. Public sale of succession property for purposes other than payment of estate debts or legacies

RS 9:1521 - Public sale of succession property for purposes other than payment of estate debts or legacies
A. The property of a succession, movable, immovable, or both, may be sold at public auction for any purpose. There shall be no priority in the order of sale as between movable and immovable property when succession property is sold for any purpose other than the payment of estate debts or legacies.
B. An administrator or executor desiring to sell succession property at public auction for any purpose other than the payment of estate debts or legacies shall petition the court for authority therefor, describing the property and setting forth the reasons for the sale. When it considers the sale to be in the best interest of the succession, heirs, and succession creditors the court shall render an order authorizing the sale of the property at public auction.
C. Except as otherwise provided in this Section, the property shall be sold in the manner provided for the sale of succession property at public auction to pay estate debts or legacies.
Added by Acts 1956, No. 387, §1; Acts 1997, No. 1421, §4, eff. July 1, 1999.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1553. §§1553 to 1557 Repealed by Acts 1960, No. 31, §7, eff. Jan. 1, 1961

RS 9:1553 - §§1553 to 1557 Repealed by Acts 1960, No. 31, §7, eff. Jan. 1, 1961
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1581. Public administrators; appointment; terms; powers and duties

RS 9:1581 - Public administrators; appointment; terms; powers and duties
The governor shall appoint public administrators for each parish of the state having a population of fifty thousand or more, according to the last census, whose terms of office shall be concurrent with the term of the governor. Except as is otherwise provided, they shall have the same powers and be subject to the same duties as are provided by law for administrators.
Amended by Acts 1960, No. 497, §1; Acts 2003, No. 482, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1582. Bond

RS 9:1582 - Bond
Before entering upon the duties of his office, each public administrator shall file with the governor a bond with security, to be by him approved for the faithful discharge of his duties. Such bond shall be for not less than ten thousand nor more than fifty thousand dollars, at the discretion of the governor, and shall be for the benefit of and may be sued upon by any person interested in any succession administered by the public administrator. The amount of the bond may be increased at any time on the application of any person interested showing an increase to be necessary.
Amended by Acts 1960, No. 497, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1583. Administrators of intestate succession; when

RS 9:1583 - Administrators of intestate succession; when
They shall be appointed administrators of all intestate succession in their respective parishes when there is no surviving husband or wife or heir present or represented in the state.
The filing of the application of the public administrator for such appointment shall be advertised three times within ten days in a daily newspaper of general circulation in the parish, with notice to any person who may wish to oppose such application to file his opposition thereto within ten days of the date of the first advertisement. If no such opposition is filed timely, or if an opposition thereto is filed but after the trial thereof the court concludes that the opponent has no prior right to the appointment, the court shall appoint the public administrator as administrator of the intestate succession.
Amended by Acts 1960, No. 497, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1584. Dative testamentary executors; when

RS 9:1584 - Dative testamentary executors; when
They shall be appointed dative testamentary executors of all testate successions in their respective parishes when, for any cause, the executor cannot discharge the duties of his office and when there is no surviving husband or wife or heir present or represented in the state.
Amended by Acts 1960, No. 497, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1586. Curator of vacant succession; disposition of funds

RS 9:1586 - Curator of vacant succession; disposition of funds
A. They shall administer them until the heirs present themselves and are recognized by the court and placed in possession. If no heir presents himself within one year from the date of the homologation of a final account, the public administrator shall pay the funds realized from the succession into the state treasury.
B. All public administrators shall maintain current records of all transactions involving cash or property. They shall be subject to audit at all times by the legislative auditor and shall furnish the legislative auditor, whenever requested, with statements of all judicial proceedings involving the public administrator and all other information requested by him regarding property received or administered.
Amended by Acts 1960, No. 497, §1; Acts 2001, No. 1102, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1588. Power to represent state in court; costs

RS 9:1588 - Power to represent state in court; costs
Public administrators may appear in court in behalf of the state to assert its claim to any succession in which the state may be interested. They shall not be required to advance or pay any costs of court or sheriff's costs or to give appeal or other bond in any judicial proceeding instituted by or against them in their official capacities.
Amended by Acts 1960, No. 497, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1589. Compensation; employees; expense allowance; cost-of-living increases

RS 9:1589 - Compensation; employees; expense allowance; cost-of-living increases
A. In parishes of less than four hundred twenty-five thousand population public administrators shall receive as a compensation five percent on all funds administered by them, and all necessary expenses incurred in administering and preserving property subject to administration; provided such expenses, other than attorney's fees are authorized by specific court order before they are incurred.
B. In parishes of more than four hundred twenty-five thousand population public administrators shall receive as a compensation ten percent on all funds administered by them, and all necessary expenses incurred in administering and preserving property subject to administration; provided such expenses, other than attorney fees are authorized by specific court order before they are incurred.
Acts 1991, No. 111, §1; Acts 2001, No. 105, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1590. Exemptions

RS 9:1590 - Exemptions
R.S. 9:1581 through 9:1586 and R.S. 9:1588 and 9:1589 shall not apply to the parishes of Caddo, Ouachita and Calcasieu.
Added by Acts 1960, No. 497, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1611. Retention instead of sale; administration

RS 9:1611 - Retention instead of sale; administration
In all cases where the state succeeds to the immovable property of vacant successions, and it shall appear to be advantageous to the state, as determined by the governor, the attorney general, and the executive counsel, or any two of them, for the state to retain the ownership of the property, rather than for the sale thereof to be provoked, these officers, or any two of them, may provide for the administration of the property, upon such terms and conditions as, in their opinion, are in the best interests of the state.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1613. Disposition of funds; apportionment and allocation

RS 9:1613 - Disposition of funds; apportionment and allocation
Any funds realized from any such administration or compromise shall be paid into the state treasury and credited to the treasurer's special fund for the payment of old age assistance, aid to dependent children, aid to the needy blind, health services for mothers and their children, and aid to children with physical disabilities, in accordance with law, and may likewise be used in the work of the state hospital board, any such funds to be apportioned and allocated to such purposes by the governor.
Acts 2014, No. 811, §3, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1614. Special counsel; patents for interests

RS 9:1614 - Special counsel; patents for interests
In any case where the state has, under existing laws, employed special counsel to recover the rights and interest of the state in immovable property of vacant successions belonging to it, and the agreement is that attorneys are to receive a percentage of the property recovered, patents to the attorneys for their interests may be issued in accordance with existing laws, when the rights of the state have been finally determined.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1615. Application of sections

RS 9:1615 - Application of sections
R.S. 9:1611 through 9:1614 shall not be deemed to repeal the general provisions of the Civil Code nor the laws relating to the public administrator of the Parish of Orleans and shall be effective only where the claim of the state to property of vacant successions is in dispute.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1701. Partition of land in which United States has servitude or real right

RS 9:1701 - Partition of land in which United States has servitude or real right
Whenever the United States, or any branch or agency thereof, has acquired a servitude, easement, or real right of any kind, nature, or description affecting a piece of land, or a portion thereof, which is owned in indivision, and said servitude, easement, or real right was acquired from less than all the co-owners of said tract of land, or whenever the United States, or any branch or agency thereof, has acquired a servitude, easement, or real right of any kind, nature or description affecting a tract of land, or a portion thereof, which is owned in indivision, and said acquisition having been from a co-owner, or a portion of the co-owners, insofar as his or their undivided interest in the tract of land or portion thereof is concerned, a subsequent suit for a partition thereof among the co-owners shall not affect the rights held by the United States, or any branch or agency thereof, in and to the land sought to be partitioned, nor shall the United States be made a party thereto, but said partition shall be made subject to the rights held by the United States, or any branch or agency thereof.
The provisions of this Section shall be considered remedial, retrospective, and retroactive in operation, as well as prospective in operation.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1702. Agreement not to partition by persons holding property in common

RS 9:1702 - Agreement not to partition by persons holding property in common
Persons holding property in common may agree that there shall not be a partition of the property held in common for a specific period of time, not to exceed fifteen years; however, persons holding in common an electric generating plant or unit, or the site of such plant or unit, located in this state may agree that such plant or unit or site shall not be partitioned for a period of time not to exceed ninety-nine years. Any agreement under the provisions of this Section shall be in writing and shall be valid irrespective of the provisions of Civil Code Article 807.
Acts 1991, No. 349, §2; Acts 2010, No. 221, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1711. Definitions

RS 9:1711 - Definitions
In this Chapter, the following definitions shall apply unless the context otherwise requires:
(1) "Beneficiary form" means a registration of a security that indicates the present owner or co-owners of the security and the designation of the person in whose name the security is to be registered upon the death of the owner or co-owner.
(2) "Good faith" has the same meaning as provided in R.S. 10:1-201.
(3) "Registering entity" means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
(4) "Security" means a share, participation, or other interest in movable property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account. It shall not include a share, participation, or other interest in immovable property.
(5) "Security account" means the following:
(a) A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death.
(b) A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.
(6) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
Acts 2021, No. 167, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1711.1. Registration in beneficiary form

RS 9:1711.1 - Registration in beneficiary form
Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as co-owners in indivision or tenants in common, may obtain registration in beneficiary form.
Acts 2021, No. 167, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1711.2. Registration in beneficiary form; applicable law

RS 9:1711.2 - Registration in beneficiary form; applicable law
A. A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
B. The registration in beneficiary form shall be executed by the owner in authentic form or an act under private signature executed in the presence of two persons.
Acts 2021, No. 167, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1711.3. Form of registration in beneficiary form

RS 9:1711.3 - Form of registration in beneficiary form
Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD", or by the words "pay on death" or the abbreviation "POD", after the name of the registered owner and before the name of a beneficiary, or when registration is in the names of multiple owners by the words "joint tenants with the right of survivorship" or the abbreviation "JTWROS".
Acts 2021, No. 167, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1711.4. Effect of registration in beneficiary form

RS 9:1711.4 - Effect of registration in beneficiary form
A registration of a security in beneficiary form does not constitute a donation inter vivos or mortis causa. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or by any of the surviving owners without the consent of the beneficiary.
Acts 2021, No. 167, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1711.5. Registration on death of owner

RS 9:1711.5 - Registration on death of owner
A. On proof of death of a sole owner or the last to die of all multiple owners, and after compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be registered in the name of the beneficiary or beneficiaries who survived the death of all owners, in compliance with this Chapter, but this registration in the name of the beneficiary or beneficiaries has no effect on ownership.
B. The provisions of this Chapter shall apply notwithstanding the fact that the decedent designates a beneficiary by last will and testament.
Acts 2021, No. 167, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1711.6. Registering entity

RS 9:1711.6 - Registering entity
A. A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this Chapter.
B. By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration shall be implemented on death of the deceased owner as provided in this Chapter.
C. A registering entity shall not be held liable and is discharged from all claims to a security by the estate, surviving spouse, creditors, heirs, legatees, or forced heirs of a deceased owner if it registers a transfer of the security in accordance with this Chapter and does so in good faith reliance on the registration in beneficiary form, on this Chapter, and on information provided to it by affidavit of the succession representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives. The protections of this Chapter do not extend to a registration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or information available to the registering entity affects its right to protection under this Chapter.
D. The protection provided by this Chapter to the registering entity of a security does not affect the rights of succession representatives, surviving spouses, heirs, legatees, forced heirs, or creditors in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
Acts 2021, No. 167, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1711.7. Terms, conditions, and forms for registration

RS 9:1711.7 - Terms, conditions, and forms for registration
A. A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for registrations in beneficiary form, and for implementation of registrations in beneficiary form, including requests for cancellation of previously registered beneficiary designations and requests for reregistration to effect a change of beneficiary.
B. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death.
C. Substitution may be indicated by appending to the name of the primary beneficiary the letters "LDPS", standing for "lineal descendants per stirpes" or "LDR" for "lineal descendants by representation". This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who is deceased, the descendants to be identified and to share in accordance with the law of the owner's domicile at the owner's death governing inheritance by descendants of an intestate succession.
D. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions.
Acts 2021, No. 167, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1711.8. Short title; rules of construction

RS 9:1711.8 - Short title; rules of construction
A. This Chapter shall be known as and may be cited as the "Louisiana Uniform Transfer on Death Security Registration Act" or the "Louisiana Uniform TOD Security Registration Act".
B. The provisions of this Chapter shall be liberally construed.
C. Unless displaced by the particular provisions of this Chapter, the principles of Louisiana law supplement provisions of this Chapter.
Acts 2021, No. 167, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1711.9. Application of Chapter

RS 9:1711.9 - Application of Chapter
A. This Chapter shall become effective on January 1, 2022, and shall apply only to registrations of securities in beneficiary form made on and after January 1, 2022.
B. This Chapter shall not preclude or govern the application of payable on death accounts and other transfers by a bank or savings institution as authorized by Title 6 of the Louisiana Revised Statutes of 1950.
Acts 2021, No. 167, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1724. Construction of Code

RS 9:1724 - Construction of Code
The provisions of this Code shall be accorded a liberal construction in favor of freedom of disposition. Whenever this Code is silent, resort shall be had to the Civil Code or other laws, but neither the Civil Code nor any other law shall be invoked to defeat a disposition sanctioned expressly or impliedly by this Code.