reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Civil Code › Art. 942. Persons who may bring action

Art. 942. Persons who may bring action
A. An action to declare a successor unworthy may be brought only by a person who would succeed in place of or in concurrence with the successor to be declared unworthy, or by one who claims through such a person.
B. When a person who may bring the action is a minor or an interdict, the court, on its own motion, or on the motion of any family member, may appoint an attorney to represent the minor or interdict for purposes of investigating and pursuing an action to declare a successor unworthy.
Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 824, §1.
2023 Louisiana Laws › Civil Code › Art. 944. Prescription

Art. 944. Prescription
An action to declare a successor unworthy is subject to a liberative prescription of five years from the death of the decedent as to intestate successors and five years from the probate of the will as to testate successors.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 945. Effects of declaration of unworthiness

Art. 945. Effects of declaration of unworthiness
A judicial declaration that a person is unworthy has the following consequences:
(1) The successor is deprived of his right to the succession to which he had been called.
(2) If the successor has possession of any property of the decedent, he must return it, along with all fruits and products he has derived from it. He must also account for an impairment in value caused by his encumbering it or failing to preserve it as a prudent administrator.
(3) If the successor no longer has possession because of a transfer or other loss of possession due to his fault, he must account for the value of the property at the time of the transfer or other loss of possession, along with all fruits and products he has derived from it.
He must also account for any impairment in value caused by his encumbering the property or failing to preserve it as a prudent administrator before he lost possession.
(4) If the successor has alienated, encumbered, or leased the property by onerous title, and there is no fraud on the part of the other party, the validity of the transaction is not affected by the declaration of unworthiness. But if he has donated the property and it remains in the hands of the donee or the donee's successors by gratuitous title, the donation may be annulled.
(5) The successor shall not serve as an executor, trustee, attorney or other fiduciary pursuant to a designation as such in the testament or any codicils thereto. Neither shall he serve as administrator, attorney, or other fiduciary in an intestate succession.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 946. Devolution of succession rights of successor declared unworthy

Art. 946. Devolution of succession rights of successor declared unworthy
A. If the decedent died intestate, when a successor is declared unworthy his succession rights devolve as if he had predeceased the decedent; but if the decedent died testate, then the succession rights devolve in accordance with the provisions for testamentary accretion as if the unworthy successor had predeceased the testator.
B. When the succession rights devolve upon a child of the successor who is declared unworthy, the unworthy successor and the other parent of the child cannot claim a legal usufruct upon the property inherited by their child.
Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 824, §1.
2023 Louisiana Laws › Civil Code › Art. 947. Right of successor to accept or renounce

CHAPTER 6. ACCEPTANCE AND RENUNCIATION
OF SUCCESSIONS
SECTION 1.
GENERAL PRINCIPLES
Art. 947. Right of successor to accept or renounce
A successor is not obligated to accept rights to succeed. He may accept some of those rights and renounce others.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 950. Knowledge required of successor as prerequisite to acceptance or renunciation

Art. 950. Knowledge required of successor as prerequisite to acceptance or renunciation
An acceptance or renunciation is valid only if the successor knows of the death of the person to be succeeded and knows that he has rights as a successor. It is not necessary that he know the extent of those rights or the nature of his relationship to the decedent.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 952. Probate or annulment of testament after acceptance or renunciation of succession

Art. 952. Probate or annulment of testament after acceptance or renunciation of succession
An acceptance or renunciation of rights to succeed by intestacy is null if a testament is subsequently probated or given the effect of probate. An acceptance or renunciation of rights to succeed in a testate succession is null if the probate of the testament is subsequently annulled or the rights are altered, amended, or revoked by a subsequent testament or codicil.
Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 824, §1.
2023 Louisiana Laws › Civil Code › Art. 954. Retroactive effects of acceptance and renunciation

Art. 954. Retroactive effects of acceptance and renunciation
To the extent that he accepts rights to succeed, a successor is considered as having succeeded to those rights at the moment of death of the decedent. To the extent that a successor renounces rights to succeed, he is considered never to have had them.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 957. Formal or informal acceptance

SECTION 2. ACCEPTANCE
Art. 957. Formal or informal acceptance
Acceptance may be either formal or informal. It is formal when the successor expressly accepts in writing or assumes the quality of successor in a judicial proceeding. It is informal when the successor does some act that clearly implies his intention to accept.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 960. Donative renunciation deemed acceptance

Art. 960. Donative renunciation deemed acceptance
A renunciation shall be deemed to be an acceptance to the extent that it causes the renounced rights to devolve in a manner other than that provided by law or by the testament if the decedent died testate.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 964. Accretion upon renunciation in intestate successions

Art. 964. Accretion upon renunciation in intestate successions
The rights of an intestate successor who renounces accrete to those persons who would have succeeded to them if the successor had predeceased the decedent.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 965. Accretion upon renunciation in testate successions

Art. 965. Accretion upon renunciation in testate successions
In the absence of a governing testamentary disposition, the rights of a testate successor who renounces accrete to those persons who would have succeeded to them if the legatee had predeceased the decedent.
Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 824, §1.
2023 Louisiana Laws › Civil Code › Art. 966. Acceptance or renunciation of accretion

Art. 966. Acceptance or renunciation of accretion
A person to whom succession rights accrete may accept or renounce all or part of the accretion. The acceptance or renunciation of the accretion need not be consistent with his acceptance or renunciation of other succession rights.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 967. Acceptance of succession by creditor

SECTION 4. ACCEPTANCE OF SUCCESSION BY CREDITORS
Art. 967. Acceptance of succession by creditor
A creditor of a successor may, with judicial authorization, accept succession rights in the successor's name if the successor has renounced them in whole or in part to the prejudice of his creditor's rights. In such a case, the renunciation may be annulled in favor of the creditor to the extent of his claim against the successor, but it remains effective against the successor.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1075. Arts. 1075 to 1094 Repealed by Acts 1960, No. 30, 2, eff. Jan. 1, 1961.

CHAPTER 7--OF THE SEALS, AND OF THE AFFIXING
AND RAISING OF THE SAME
Art. 1075. Arts. 1075 to 1094 Repealed by Acts 1960, No. 30, §2, eff. Jan. 1, 1961.
2023 Louisiana Laws › Civil Code › Art. 1095. Vacant succession, definition.

CHAPTER 8--OF THE ADMINISTRATION OF VACANT
AND INTESTATE SUCCESSIONS
SECTION 1--GENERAL DISPOSITIONS
Art. 1095. Vacant succession, definition.
A succession is called vacant when no one claims it, or when all the heirs are unknown, or when all the known heirs to it have renounced it.
2023 Louisiana Laws › Civil Code › Art. 1100. Liability for unauthorized possession of vacant succession.

Art. 1100. Liability for unauthorized possession of vacant succession.
In case any person shall take possession of a vacant succession, or a part thereof, without being duly authorized to that effect, with the intent of converting the same to his own use, he shall be liable to pay all the debts of the said estate, exclusive of the damages to be claimed by the parties who may have suffered thereby.
2023 Louisiana Laws › Civil Code › Art. 1101. Arts. 1101, 1102 Repealed by Acts 1960, No. 30, 2, eff. Jan. 1, 1961.

SECTION 2--OF THE INVENTORY OF VACANT AND INTESTATE
SUCCESSIONS SUBJECT TO ADMINISTRATION
Art. 1101. Arts. 1101, 1102 Repealed by Acts 1960, No. 30, §2, eff. Jan. 1, 1961.
2023 Louisiana Laws › Civil Code › Art. 1104. Arts. 1104 to 1112 Repealed by Acts 1960, No. 30, 2, eff. Jan. 1, 1961.

Art. 1104. Arts. 1104 to 1112 Repealed by Acts 1960, No. 30, §2, eff. Jan. 1, 1961.
2023 Louisiana Laws › Civil Code › Art. 1113. Arts. 1113 to 1132 Repealed by Acts 1960, No. 30, 2, eff. Jan. 1, 1961.

SECTION 3--OF THE APPOINTMENT OF CURATORS TO
SUCCESSIONS, AND OF THE SECURITY THEY ARE
BOUND TO GIVE
Art. 1113. Arts. 1113 to 1132 Repealed by Acts 1960, No. 30, §2, eff. Jan. 1, 1961.
2023 Louisiana Laws › Civil Code › Art. 1133. Arts. 1133 to 1137 Repealed by Acts 1960, No. 30, 2, eff. Jan. 1, 1961.

SECTION 4--OF THE DUTIES AND POWERS OF CURATORS OF
VACANT SUCCESSIONS AND OF ABSENT HEIRS
Art. 1133. Arts. 1133 to 1137 Repealed by Acts 1960, No. 30, §2, eff. Jan. 1, 1961.
2023 Louisiana Laws › Civil Code › Art. 1138. Arts. 1138 to 1145 Repealed by Acts 1980, No. 150, 3, eff. Jan. 1, 1981.

Art. 1138. Arts. 1138 to 1145 Repealed by Acts 1980, No. 150, §3, eff. Jan. 1, 1981.
2023 Louisiana Laws › Civil Code › Art. 1148. Interest on succession funds; liability for private use.

Art. 1148. Interest on succession funds; liability for private use.
A curator of a vacant succession or of absent heirs, owes no interest on the sums of money in his hands belonging to the succession which he administers, but he is forbidden from using them on his private account, under the pain of dismissal and responsibility for all damages caused thereby.
2023 Louisiana Laws › Civil Code › Art. 1149. Arts. 1149 to 1157 Repealed by Acts 1960, No. 30, 2, eff. Jan. 1, 1961.

Art. 1149. Arts. 1149 to 1157 Repealed by Acts 1960, No. 30, §2, eff. Jan. 1, 1961.
2023 Louisiana Laws › Civil Code › Art. 1158. Arts. 1158 to 1161 Repealed by Acts 1960, No. 30, 2, eff. Jan. 1, 1961.

SECTION 5--OF THE CAUSES FOR WHICH A CURATOR OF A
SUCCESSION MAY BE DISMISSED OR SUPERSEDED
Art. 1158. Arts. 1158 to 1161 Repealed by Acts 1960, No. 30, §2, eff. Jan. 1, 1961.
2023 Louisiana Laws › Civil Code › Art. 1162. Arts. 1162 to 1170 Repealed by Acts 1960, No. 30, 2, eff. Jan. 1, 1961.

SECTION 6--OF THE SALE OF THE EFFECTS AND OF THE
SETTLEMENT OF SUCCESSIONS ADMINISTERED BY CURATORS
Art. 1162. Arts. 1162 to 1170 Repealed by Acts 1960, No. 30, §2, eff. Jan. 1, 1961.
2023 Louisiana Laws › Civil Code › Art. 1172. Arts. 1172 to 1187 Repealed by Acts 1960, No. 30, 2, eff. Jan. 1, 1961.

Art. 1172. Arts. 1172 to 1187 Repealed by Acts 1960, No. 30, §2, eff. Jan. 1, 1961.
2023 Louisiana Laws › Civil Code › Art. 1188. Unpaid new creditors' action against paid creditors; prescription.

Art. 1188. Unpaid new creditors' action against paid creditors; prescription.
If, after the creditors of the succession have been paid by the curator, in conformity with the dispositions of the preceding articles, creditors present themselves, who have not made themselves known before, and if there does not remain in the hands of the curator a sum sufficient to pay what is due them, in whole or in part, these creditors have an action against those who have been paid, to compel them to refund the proportion they are bound to contribute, in order to give the new creditors a part equal to that which they would have received, had they presented themselves at the time of the payment of the debts of the succession.
But this action on the part of the creditors who have not been paid, against the creditors who have been, is prescribed by the lapse of three years, counting from the date of the order or judgment, in virtue of which the payment has been made.
In all these cases, the creditors who have thus presented themselves can in no manner disturb the curator on account of the payments he has made under the authorization of the judge, as before stated.
2023 Louisiana Laws › Civil Code › Art. 1191. Repealed by Acts 1960, No. 30, 2, eff. Jan. 1, 1961.

SECTION 7--OF THE ACCOUNT TO BE RENDERED BY THE
CURATORS AND THE COMMISSION DUE TO THEM
Art. 1191. Repealed by Acts 1960, No. 30, §2, eff. Jan. 1, 1961.
2023 Louisiana Laws › Civil Code › Art. 1192. Termination of curator's duties on appearance of heirs.

Art. 1192. Termination of curator's duties on appearance of heirs.
The duties of the curators cease when the heirs, or other persons having a right to the succession administered by them, present themselves or send their powers of attorney to claim the succession, and furnish security if required by law.
Amended by Acts 1981, No. 254, §1.
2023 Louisiana Laws › Civil Code › Art. 1193. Arts. 1193 to 1209 Repealed by Acts 1960, No. 30, 2, eff. Jan. 1, 1961.

Art. 1193. Arts. 1193 to 1209 Repealed by Acts 1960, No. 30, §2, eff. Jan. 1, 1961.
2023 Louisiana Laws › Civil Code › Art. 1210. Arts. 1210 to 1219 Repealed by Acts 1960, No. 30, 2, eff. Jan. 1, 1961.

SECTION 8--OF THE APPOINTMENT OF COUNSEL OF ABSENT
HEIRS, AND OF THEIR DUTIES
Art. 1210. Arts. 1210 to 1219 Repealed by Acts 1960, No. 30, §2, eff. Jan. 1, 1961.
2023 Louisiana Laws › Civil Code › Art. 1220. Repealed by Acts 1960, No. 30, 2, eff. Jan. 1, 1961.

CHAPTER 9--OF THE SUCCESSIONS OF PERSONS
DOMICILIATED OUT OF THE STATE, AND OF THE TAX DUE BY
FOREIGN HEIRS, LEGATEES AND DONEES SECTION 1--OF THE
SUCCESSIONS OF PERSONS DOMICILIATED OUT OF THE STATE
Art. 1220. Repealed by Acts 1960, No. 30, §2, eff. Jan. 1, 1961.
2023 Louisiana Laws › Civil Code › Art. 1221. Arts. 1221 to 1223 Repealed by Acts 1960, No. 30, 2, eff. Jan. 1, 1961.

SECTION 2--OF THE TAX DUE BY FOREIGN HEIRS,
LEGATEES AND DONEES
Art. 1221. Arts. 1221 to 1223 Repealed by Acts 1960, No. 30, §2, eff. Jan. 1, 1961.
2023 Louisiana Laws › Civil Code › Art. 1224. Arts. 1224 to 1226 Repealed by Acts 1960, No. 30, 2, eff. Jan. 1, 1961.

CHAPTER 10--OF SUCCESSIONS ADMINISTERED BY SYNDICS
Art. 1224. Arts. 1224 to 1226 Repealed by Acts 1960, No. 30, §2, eff. Jan. 1, 1961.
2023 Louisiana Laws › Civil Code › Art. 1227. Collation, definition.

CHAPTER 11--OF COLLATIONS
SECTION 1--WHAT COLLATION IS, AND BY WHOM IT IS DUE
Art. 1227. Collation, definition.
The collation of goods is the supposed or real return to the mass of the succession which an heir makes of property which he received in advance of his share or otherwise, in order that such property may be divided together with the other effects of the succession.
2023 Louisiana Laws › Civil Code › Art. 1228. Collation by descendants

Art. 1228. Collation by descendants
A. Children or grandchildren, coming to the succession of their fathers, mothers, or other ascendants, must collate what they have received from them by donation inter vivos, directly or indirectly, and they cannot claim the legacies made to them by such ascendants unless the donations and legacies have been made to them expressly as an advantage over their coheirs and besides their portion.
B. This rule takes place whether the children or their descendants succeed to their ascendants as legal or as testamentary heirs.
Acts 2001, No. 572, §1.
2023 Louisiana Laws › Civil Code › Art. 1229. Reasons for collation.

Art. 1229. Reasons for collation.
The obligation of collating is founded on the equality which must be naturally observed between children and other lawful descendants, who divide among them the succession of their father, mother and other ascendants; and also on the presumption that what was given or bequeathed to children * by their ascendants was so disposed of in advance of what they might one day expect from their succession.
* English translation of French text incomplete; should include "or descendants."
2023 Louisiana Laws › Civil Code › Art. 1231. Express exclusion of collation; extra portion.

Art. 1231. Express exclusion of collation; extra portion.
But things given or bequeathed to children or other descendants by their ascendants, shall not be collated, if the donor has formally expressed his will that what he thus gave was an advantage or extra part, unless the value of the object given exceed the disposable portion, in which case the excess is subject to collation.
2023 Louisiana Laws › Civil Code › Art. 1232. Method of declaring dispensation from collation

Art. 1232. Method of declaring dispensation from collation
The declaration that the gift or legacy is made as an advantage or extra portion may be made in the instrument where such disposition is contained, or afterwards by an act passed before a notary and two witnesses, or in the donor's last will and testament. Unless expressly stated to the contrary, a declaration of dispensation from collation made in the last will and testament of the donor shall be effective as a dispensation from collating donations made both before and after execution of said testament.
Acts 1986, No. 246, §1.
{{NOTE: SEE ACTS 1986, NO. 246, §2.}}
2023 Louisiana Laws › Civil Code › Art. 1234. Reduction of donations exceeding disposable portion; calculation of legitime.

Art. 1234. Reduction of donations exceeding disposable portion; calculation of legitime.
If, upon calculation of the value of advantages thus given, and of the other effects remaining in the succession, such remaining part should prove insufficient to give to the other children their legitimate portion, the donee would then be obliged to collate the sum by him received, as far as necessary to complete such portion, though he would wish to keep the donation, and renounce the inheritance; and in this calculation of the legitimate portion, the property given or bequeathed by the ascendants, not only to their children, but even to all other persons, whether relations or strangers, must be included.
2023 Louisiana Laws › Civil Code › Art. 1235. Persons entitled to demand collation

Art. 1235. Persons entitled to demand collation
The right to demand collation is confined to descendants of the first degree who qualify as forced heirs, and only applies with respect to gifts made within the three years prior to the decedent's death, and valued as of the date of the gift. Any provision of the Civil Code to the contrary is hereby repealed.
Acts 1996, 1st Ex. Sess., No. 77, §1.
2023 Louisiana Laws › Civil Code › Art. 1237. Renouncing heir's right to donations not exceeding disposable portion.

Art. 1237. Renouncing heir's right to donations not exceeding disposable portion.
If children, or other lawful descendants holding property or legacies subject to be collated, should renounce the succession of the ascendant, from whom they have received such property, they may retain the gift, or claim the legacy to them made, without being subject to any collation.
If, however, the remaining amount of the inheritance should not be sufficient for the legitimate portion of the other children, including in the succession of the deceased the property which the person renouncing would have collated, had he become heir, he shall then be obliged to collate up to the sum necessary to complete such legitimate portion.
2023 Louisiana Laws › Civil Code › Art. 1238. Grandchildren; collation of donations made by grandparent after death of parent

Art. 1238. Grandchildren; collation of donations made by grandparent after death of parent
A. To make descendants liable to collation, as prescribed in the preceding Articles, they must appear in the quality of heirs to the succession of the ascendants from whom they immediately have received the gift or legacy.
B. Therefore, grandchildren, to whom a gift was made or a legacy left by their grandfather or grandmother, after the death of their father or mother, are obliged to collate, when they are called to the inheritance of the grandfather or grandmother, jointly with the other grandchildren, or by representation with their uncles or aunts, brothers or sisters of their father or mother, because it is presumed that their grandfather or grandmother had intended to make the gift, or leave the legacy by anticipation.
Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996.
2023 Louisiana Laws › Civil Code › Art. 1239. Grandchildren; right to donations made by grandparent during life of parent

Art. 1239. Grandchildren; right to donations made by grandparent during life of parent
A. But gifts made or legacies left to a grandchild by his grandfather or grandmother during the life of his father, are always reputed to be exempt from collation.
B. The father, inheriting from the grandfather, is not liable to collate the gifts or legacies left to his child.
Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996.
2023 Louisiana Laws › Civil Code › Art. 1240. Grandchildren; collation of donations made by grandparent to parent.

Art. 1240. Grandchildren; collation of donations made by grandparent to parent.
In like manner, the grandchild, when inheriting in his own right from the grandfather or grandmother, is not obliged to refund the gifts made to his father, even though he should have accepted the succession; but if the grandchild comes in only by right of representation, he must collate what had been given to his father, even though he should have renounced his inheritance.
2023 Louisiana Laws › Civil Code › Art. 1241. Collation by great grandchildren and more remote descendants.

Art. 1241. Collation by great grandchildren and more remote descendants.
What has been said in the three preceding articles, of grandchildren inheriting from their grandfather or grandmother, must be understood of the great-grandchildren and other lawful descendants called to inherit from their ascendants, either in their own name or by right of representation.
2023 Louisiana Laws › Civil Code › Art. 1243. Expenditures subject to collation

Art. 1243. Expenditures subject to collation
Collation is due for what has been expended by the father and mother to procure an establishment of their descendant coming to their succession, or for the payment of his debts.
Amended by Acts 1979, No. 711, §1; Acts 2004, No. 26, §1.
2023 Louisiana Laws › Civil Code › Art. 1248. Advantages other than donation.

Art. 1248. Advantages other than donation.
The advantage which a father bestows upon his son, though in any other manner than by donation or legacy, is likewise subject to collation. Thus, when a father has sold a thing to his son at a very low price, or has paid for him the price of some purchase, for [or] has spent money to improve his son's estate, all that is subject to collation.
2023 Louisiana Laws › Civil Code › Art. 1250. Immovables destroyed while in possession of donee.

Art. 1250. Immovables destroyed while in possession of donee.
Immovable property, given by a father, mother or other ascendant, to one of their children or descendants, and which has been destroyed by accident, while in the possession of the donee and without his fault, previous to the opening of the succession, is not subject to collation.
If, on the contrary, it is by the fault or negligence of the donee that the immovable property has been destroyed, he is bound to collate to the amount of the value which the property would have had at the time of the opening of the succession.
2023 Louisiana Laws › Civil Code › Art. 1255. Collation of immovables.

Art. 1255. Collation of immovables.
If an immovable has been given, and the donee hath it in his possession at the time of the partition, he has the choice to make the collation in kind or by taking less, unless the donor has imposed on him the condition of making the collation in kind, in which case it can not be made in any other manner than that prescribed by the donor, unless it be with the consent of the other heirs who must be all of age, present or represented in this State.
2023 Louisiana Laws › Civil Code › Art. 1256. Immovables collated in kind; reimbursement for improvements.

Art. 1256. Immovables collated in kind; reimbursement for improvements.
The donee who collates in kind an immovable, which has been given to him, must be reimbursed by his coheirs for the expenses which have improved the estate, in proportion to the increase of value which it has received thereby.
2023 Louisiana Laws › Civil Code › Art. 1258. Immovables collated in kind; removal by donee of works erected for his pleasure.

Art. 1258. Immovables collated in kind; removal by donee of works erected for his pleasure.
As to works made on the estate for the mere pleasure of the donee, no reimbursement is due to him for them; he has, however, the right to take them away, if he can do it without injuring the estate, and leave things in the same situation they were at the time of the donation.
2023 Louisiana Laws › Civil Code › Art. 1259. Kinds of expenses made on immovable property.

Art. 1259. Kinds of expenses made on immovable property.
Expenses made on immovable property are distinguished by three kinds: necessary, useful, and those for mere pleasure.
Necessary expenses are those which are indispensable to the preservation of the thing.
Useful expenses are those which increase the value of the immovable property, but without which the estate can be preserved.
Expenses for mere pleasure are those which are only made for the accommodation or convenience of the owner or possessor of the estate, and which do not increase its value.
2023 Louisiana Laws › Civil Code › Art. 1260. Deterioration and damage to immovable, liability of donee.

Art. 1260. Deterioration and damage to immovable, liability of donee.
The donee, who collates in kind the immovable property given to him, is* accountable for the deteriorations and damage which have diminished its value, when caused by his fault or negligence.
* English translation of French text incomplete; should include "on his part."
2023 Louisiana Laws › Civil Code › Art. 1261. Destruction of immovable after election to collate in kind.

Art. 1261. Destruction of immovable after election to collate in kind.
If within the time and in the form prescribed in the chapter which treats of partitions, the donee has made his election to collate in kind the immovable property which has been given to him, and it is afterwards destroyed, without the act or fault of the donee, the loss is borne by the succession, and the donee shall not be bound to collate the value of the property.
2023 Louisiana Laws › Civil Code › Art. 1263. Destruction of immovable after election to collate by taking less.

Art. 1263. Destruction of immovable after election to collate by taking less.
But if the immovable property is destroyed after the donee has declared that he wishes to collate by taking less, the loss is his, and he is bound to take less from the succession, in the same manner as if the property had not been destroyed.
2023 Louisiana Laws › Civil Code › Art. 1264. Creditors' rights on immovable collated in kind.

Art. 1264. Creditors' rights on immovable collated in kind.
When the collation is made in kind, the effects are united to the mass of the succession as they may be burdened with real rights created by operation of law or by onerous title. In such a case, the donee is accountable for the resulting diminution of the value of the immovable.
Amended by Acts 1981, No. 739, §1.
2023 Louisiana Laws › Civil Code › Art. 1265. Preservation of creditor's mortgage rights after partition.

Art. 1265. Preservation of creditor's mortgage rights after partition.
In the case mentioned in the preceding article, if the property mortgaged, which has been collated in kind, falls by the partition to the donee, the mortgage continues to exist thereon as if it had never been collated; but if the donee receives for his portion other movables or immovables of the succession, the creditor shall have a privilege for the amount of his mortgage on the property which has thus fallen to his debtor by the partition.
2023 Louisiana Laws › Civil Code › Art. 1266. Immovables in excess of disposable portion; collation in kind.

Art. 1266. Immovables in excess of disposable portion; collation in kind.
When the gift of immovable property, made to a lawful child or descendant, exceeds the portion which the ascendant could legally dispose of, the donee may make the collation of this excess in kind, if such excess can be separated conveniently.
2023 Louisiana Laws › Civil Code › Art. 1267. Immovables in excess of disposable portion; collation by taking less.

Art. 1267. Immovables in excess of disposable portion; collation by taking less.
If, on the contrary, the retrenchment of the excess over and above the disposable portion can not conveniently be made, the donee is bound to collate the excess by taking less, as is hereafter prescribed for the cases in which the collation is made of immovable property given him otherwise than as advantage or extra portion.
2023 Louisiana Laws › Civil Code › Art. 1268. Collation in kind; retention of immovable until reimbursement of expenses.

Art. 1268. Collation in kind; retention of immovable until reimbursement of expenses.
The donee, who makes the collation in kind of the immovable property given to him, may keep possession of the same until the final reimbursement of the sums to him due for the necessary and useful expenses which he has made thereon, after deducting the amount of the damage the estate has suffered through his fault or neglect, as is before provided.
2023 Louisiana Laws › Civil Code › Art. 1269. Collation by taking less; valuation of immovable.

Art. 1269. Collation by taking less; valuation of immovable.
When the donee has elected to collate the immovable property given him by taking less on the part which comes to him from the succession, the collation must be made according to the value which the immovable property had at the opening of the succession, a deduction being made for the expenses incurred thereon, in conformity with what has been heretofore prescribed.
2023 Louisiana Laws › Civil Code › Art. 1270. Voluntary alienation or negligent loss of immovables subject to collation.

Art. 1270. Voluntary alienation or negligent loss of immovables subject to collation.
If the donee has voluntarily alienated the immovable property which has been given him, or if he has permitted it to be seized and sold for the payment of his debts, or if it has been destroyed by his fault or negligence, he shall not be the less bound to make the collation of it, according to the value which the immovable would have had at the time of the opening of the succession, deducting expenses, as is provided in the foregoing Article.
Amended by Acts 1981, No. 739, §1.
2023 Louisiana Laws › Civil Code › Art. 1271. Forced alienation of immovables subject to collation.

Art. 1271. Forced alienation of immovables subject to collation.
But if the donee has been forced to alienate the immovable property, he shall be obliged to collate by taking less the price he has received from this sale and no more.
As, for example, if the donee shall be obliged to submit to a sale of the immovable for some object of public utility, or to discharge a mortgage imposed by the donor, or because the immovable was held in common with another person who has prayed for the sale in order to obtain a partition of it.
2023 Louisiana Laws › Civil Code › Art. 1272. Sale by donee and subsequent destruction of immovable subject to collation.

Art. 1272. Sale by donee and subsequent destruction of immovable subject to collation.
If the immovable property which has been given has been sold by the donee, and afterwards is destroyed by accident in the possession of the purchaser, the donee shall only be obliged to collate by taking less the price he received for the sale.
2023 Louisiana Laws › Civil Code › Art. 1273. Collation by taking less; coheirs' election of collation by sale or in kind.

Art. 1273. Collation by taking less; coheirs' election of collation by sale or in kind.
When the collation is made by taking less, the coheirs to whom the collation is due have a right to require a sale of the property remaining to the succession, in order to be paid from the proceeds of this sale, not only the collation which is due to them, but the part which comes to them from the surplus of these proceeds, unless they prefer to pay themselves the amount of the collation due to them by taking such * movables and immovables of the succession as they may choose, according to the appraisement in the inventory, or the appraisement which serves as a basis to the partition.
* English translation of French text incomplete; should include "a proportionate value of."
2023 Louisiana Laws › Civil Code › Art. 1274. Failure of coheirs to make timely election.

Art. 1274. Failure of coheirs to make timely election.
If the coheirs to whom the collation is made by taking less, wish that the effects of the succession be sold, in order that they may be paid what is due them, they are bound to decide thereon in three days from their being notified of the motion of the donee to that effect, before the judge of the partition, otherwise they shall be deprived of this right, and shall be considered as having consented to receive payment of the collation due them in effects and property of the succession, or otherwise from the hands of the donee.
2023 Louisiana Laws › Civil Code › Art. 1275. Payment of collation by sale of succession effects.

Art. 1275. Payment of collation by sale of succession effects.
When the coheirs, thus notified, require the sale of the effects of the succession to pay themselves the collation due them, the sale shall be made at public auction, in the same manner as when it is necessary to sell property held in common, in order to effect a partition.
2023 Louisiana Laws › Civil Code › Art. 1276. Payment of collation with property of succession.

Art. 1276. Payment of collation with property of succession.
If, on the contrary, the coheirs to whom the collation is due prefer to be paid the amount thereof in property and effects of the succession, or are divested of their right to require the sale of these effects, * they shall be paid the amount of the collation in movables, immovables and other effects of the succession, in the same manner as is prescribed in the chapter which treats of partitions.
But in no case will these heirs be obliged to receive in payment credits of the succession.
* English translation of French text incomplete; should include "as is said in the preceding article."
2023 Louisiana Laws › Civil Code › Art. 1278. Time and security for payment.

Art. 1278. Time and security for payment.
This heir shall have one year to pay the sum thus by him due, if he furnish his coheirs with his obligation payable at that time, with eight per cent. interest, and give a special mortgage to secure the payment thereof, either on the immovable property subject to the collation, if it is in his possession, or in want thereof, on some other immovable property which may suit the coheirs.
2023 Louisiana Laws › Civil Code › Art. 1279. Rights of coheirs against defaulting heir; foreclosure of special mortgage.

Art. 1279. Rights of coheirs against defaulting heir; foreclosure of special mortgage.
If the heir, who has been allowed to furnish his obligation as mentioned in the preceding article, fails to fulfill his engagement at the expiration of the year granted to him, the heirs, in whose favor this obligation has been made, or their representatives, have a right to cause the property mortgaged to them to be seized and sold, without any appraisement, and at the price offered at the first exposure for sale.
2023 Louisiana Laws › Civil Code › Art. 1280. Privilege of seizing coheirs on proceeds of mortgage sale.

Art. 1280. Privilege of seizing coheirs on proceeds of mortgage sale.
If the property thus seized and sold is the same which was subject to the collation, the coheirs seizing, or their representatives, shall be paid the amount of their debt due for the collation, by privilege and in preference to all the creditors of the donee, even to those to whom he may have mortgaged the property for his own debts or engagements, previous to the opening of the succession, saving to these mortgage creditors their recourse against other property of the donee.
2023 Louisiana Laws › Civil Code › Art. 1281. Alienation of immovable by donee by onerous title; creation of real right in immovable by donee or operation of law

Art. 1281. Alienation of immovable by donee by onerous title; creation of real right in immovable by donee or operation of law
A. If the donee who owes the collation has alienated by onerous title the immovable given to him, the coheirs shall not have the right to claim the immovable in the hands of the transferee.
B. If the donee who owes the collation has created a real right by onerous title in the immovable given to him or such right has been created by operation of law since the donee received the immovable, the coheirs may claim the immovable in the hands of the donee but subject to such real right as has been created. In such a case, the donee and his successors by gratuitous title are accountable for the resulting diminution of the value of the property.
Amended by Acts 1981, No. 739, §1. Acts 1984, No. 869, §1.
2023 Louisiana Laws › Civil Code › Art. 1282. Purchaser's retention of immovable upon payment of collations.

Art. 1282. Purchaser's retention of immovable upon payment of collations.
The third purchaser or possessor of the real estate subject to collation may avoid the effect of the action of revendication, by paying to the coheirs of the donee, to whom the collation is due, to wit: the excess of the value of the property above the disposable portion, if the donation has been made as an advantage or extra portion, or the whole of the value thereof, if the donation has been made without this provision, by fulfilling in this respect all the obligations by which the donee himself was bound towards the coheirs.
2023 Louisiana Laws › Civil Code › Art. 1283. Collation of movables.

Art. 1283. Collation of movables.
When movables have been given, the donee is not permitted to collate them in kind; he is bound to collate for them by taking less, according to their appraised value at the time of the donation, if there be any annexed to the donation. In default thereof, recourse may be had to other evidence to establish the value of these movables at the time of the donation.
2023 Louisiana Laws › Civil Code › Art. 1286. Collation of movables or money by taking less; payment in money.

Art. 1286. Collation of movables or money by taking less; payment in money.
If it be movables or money, of which the donee wishes to make the collation by taking less, he has the right of compelling his coheirs to pay themselves the collation due to them in money, and not otherwise, if there be sufficient in the succession to make these payments with.
2023 Louisiana Laws › Civil Code › Art. 1287. Collation of movables or money by taking less; payment in succession effects.

Art. 1287. Collation of movables or money by taking less; payment in succession effects.
But if there is not sufficient money in the succession to pay such heirs the collation due to them, they shall pay themselves by taking an equivalent in the other movables or immovables of the succession, as is directed with respect to the collation of immovable property.
2023 Louisiana Laws › Civil Code › Art. 1288. Payment of collation by donee where succession effects insufficient.

Art. 1288. Payment of collation by donee where succession effects insufficient.
In case there be no property or effects in the succession to satisfy the collations due for movables or money given, the donee shall have, for the payment of the sum due to his coheirs, the same terms of payment as are given for the payment of the amount of collations of immovable property, and under the same conditions as are before prescribed.
2023 Louisiana Laws › Civil Code › Art. 1290. Extent and application of rules; venue of action.

Art. 1290. Extent and application of rules; venue of action.
All the rules, established in the present chapter, with the exception of that which relates to the collations, are applicable to partitions between coproprietors of the same thing when among the coproprietors any are absent, minors, or interdicted, or when the coproprietors of age and present can not agree on the partition and on the manner of making it.
But in these kinds of partitions the action must be brought before the judge of the place where the property to be divided is situated, wherever the parties interested may be domiciliated.
2023 Louisiana Laws › Civil Code › Art. 1292. Undivided ownership rights until partition.

Art. 1292. Undivided ownership rights until partition.
When a person, at his decease, leaves several heirs, each of them becomes an undivided proprietor of the effects of the succession, for the part or portion coming to him, which forms among the heirs a community of property, as long as it remains undivided.
2023 Louisiana Laws › Civil Code › Art. 1295. Definitive and provisional partitions, definitions.

Art. 1295. Definitive and provisional partitions, definitions.
Every partition is either definitive or provisional:
Definitive partition is that which is made in a permanent and irrevocable manner;
Provisional partition is that which is made provisionally, either of certain things before the rest can be divided, or even of everything that is to be divided, when the parties are not in a situation to make an irrevocable partition.
2023 Louisiana Laws › Civil Code › Art. 1300. Limited or conditional prohibition against partition by donor.

Art. 1300. Limited or conditional prohibition against partition by donor.
But a donor or testator can order that the effects given or bequeathed by him, be not divided for a certain time, or until the happening of a certain condition.
But if the time fixed exceed five years, or if the condition do not happen within that term, from the day of the donation or of the opening of the succession, the judge, at the expiration of this term of five years, may order the partition, if it is proved to him that the coheirs can not agree among themselves, or * differ as to the administration of the common effects.
* Note error in English translation of French text; "that the coheirs can not agree among themselves, or" should be "that the indivision is a cause of disagreement between the coheirs, or that they."
2023 Louisiana Laws › Civil Code › Art. 1301. Testator's right to prohibit partition during minority of heirs.

Art. 1301. Testator's right to prohibit partition during minority of heirs.
If the father or other ascendant orders by his will that no partition shall be made among his minor children or minor grandchildren inheriting from him, during the time of their minority, this prohibition must be observed, until one of the children or grandchildren comes of age, and demands the partition.
2023 Louisiana Laws › Civil Code › Art. 1302. Testamentary partition

Art. 1302. Testamentary partition
There is no occasion for partition, if the deceased has regulated it between his lawful heirs, or strangers, or if the deceased has expressly delegated the authority to his executor to allocate specific assets to satisfy a legacy expressed in terms of a quantum or value; and in such case the judge must follow the will of the testator or his executor.
The same thing takes place when the testator has expressly assigned specific assets of his estate, or delegated the authority to assign specific assets of his estate, in satisfaction of the forced portion of his children.
Amended by Acts 1982, No. 448, §1.
2023 Louisiana Laws › Civil Code › Art. 1305. Prescription where possession is separate.

Art. 1305. Prescription where possession is separate.
When one of the heirs has enjoyed the whole or part of the succession separately, or all the coheirs have possessed separately each a portion of the hereditary effects, he or they who have thus separately possessed, can successfully oppose the suit for a partition of the effects of the succession, if their possession has continued thirty years without interruption.
2023 Louisiana Laws › Civil Code › Art. 1306. Prescription where one heir possesses separately and others possess in common.

Art. 1306. Prescription where one heir possesses separately and others possess in common.
If there be but one of the heirs who has separately enjoyed a portion of the effects of the succession during thirty years, and all the other heirs have possessed the residue of the effects of the succession in common, the action of partition among the latter will always subsist.
2023 Louisiana Laws › Civil Code › Art. 1307. Partition between heirs and legatees.

SECTION 2--AMONG WHAT PERSONS PARTITION
CAN BE SUED FOR
Art. 1307. Partition between heirs and legatees.
A partition may be sued for by any heirs, testamentary or
ab intestato
.
It can also be sued for by any universal legatee or legatee under an universal title, and even by a particular legatee, when a thing has been bequeathed to him in common with one or more persons.
2023 Louisiana Laws › Civil Code › Art. 1308. Partition between owners in common.

Art. 1308. Partition between owners in common.
The action of partition will not only lie between co-heirs and co-legatees, but * between all persons who hold property in common, from whatever cause they may hold in common.
Amended by Acts 1871, No. 87.
* English translation of French text incomplete; should include "also."
2023 Louisiana Laws › Civil Code › Art. 1309. Partition between possessors in common.

Art. 1309. Partition between possessors in common.
It is not indispensable to be owner in common in order to be able to support the action of partition; possession alone, when it is lawful and proceeds from a just title, will support it.
Thus, usufructuaries of the same estate can institute among themselves the action of partition.
2023 Louisiana Laws › Civil Code › Art. 1312. Partition suits by tutors and curators.

Art. 1312. Partition suits by tutors and curators.
Tutors of minors, and curators of persons interdicted have the right to institute in their names suits for the partition of the effects of successions, whether movable or immovable, falling to minors or persons interdicted, provided they are specially authorized by the judge on the advice of the family meeting.
2023 Louisiana Laws › Civil Code › Art. 1318. Partition by or against heir or successor of co-owner.

Art. 1318. Partition by or against heir or successor of co-owner.
Not only the coheir himself, but the heirs of that coheir, and any other successor can compel a partition of the estate, * and be themselves compelled to make it.
* Note error in English translation of French text; "estate" should be "succession."
2023 Louisiana Laws › Civil Code › Art. 1320. Ownership as basis for action of partition.

Art. 1320. Ownership as basis for action of partition.
It is not necessary, to support the action of partition, that the coheirs, or the party commencing it, should be in actual possession of the succession or of the thing to be divided; for among coheirs and coproprietors, it is not the possession but the ownership, which is the basis of the action.