reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Code of Civil Procedure › Art. 2885. Mystic testament

Art. 2885. Mystic testament
A. Except as provided in Article 2886, the mystic testament must be proved by the testimony of at least three of the witnesses who were present at the act of superscription. These witnesses shall testify, in substance:
(1) That they recognize the sealed envelope presented to them to be the same that the testator delivered to the notary in their presence, declaring to the latter that it contained the testator's testament; and
(2) That they recognize their signatures and that of the notary in the act of superscription, if they signed it, or the signature of the notary and of the person who signed for them, if the witnesses did not know how to sign their names.
B. The notary before whom the act of superscription has been passed may testify as one of the three witnesses required above.
C. A person's testimony for the purpose of this Article may be given in the form of an affidavit executed after the death of the testator, unless the court in its discretion requires the person to appear and testify orally. All affidavits accepted by the court in lieu of oral testimony shall be filed in the probate proceedings. This Paragraph does not apply to testimony with respect to the genuineness of a will that is judicially attacked.
Acts 1987, No. 270, §1; Acts 1999, No. 85, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2886. Probate of nuncupative testament by private act; mystic testament, when witnesses dead, absent, or incapacitated

Art. 2886. Probate of nuncupative testament by private act; mystic testament, when witnesses dead, absent, or incapacitated
A. If some of the witnesses to the nuncupative testament by private act, or to the act of superscription of the mystic testament, are dead, absent from the state, incapacitated, or cannot be located, so that it is not possible to procure the prescribed number of witnesses to prove the testament, it may be proved by the testimony of those witnesses then residing in the state and available.
B. If the notary and all of the subscribing witnesses are dead, absent from the state, incapacitated, or cannot be located, the testament may be proved by the testimony of two credible witnesses who recognize the signature of the testator, or of the notary before whom the act of superscription of the mystic testament was passed, or the signatures of two of the witnesses to the nuncupative testament by private act, or to the act of superscription of the mystic testament.
C. A person's testimony for the purpose of this Article may be given in the form of an affidavit executed after the death of the testator, unless the court in its discretion requires the person to appear and testify orally. All affidavits accepted by the court in lieu of oral testimony shall be filed in the probate proceedings. This Paragraph does not apply to testimony with respect to the genuineness of a will that is judicially attacked.
Amended by Acts 1980, No. 106, §2; Acts 1987, No. 270, §1; Acts 1999, No. 85, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2888. Foreign testament

Art. 2888. Foreign testament
A written testament subscribed by the testator and made in a foreign country, or in another state, or a territory of the United States, in a form not valid in this state, but valid under the law of the place where made, or under the law of the testator's domicile, may be probated in this state by producing the evidence required under the law of the place where made, or under the law of the testator's domicile, respectively.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2889. Depositions of witnesses

Art. 2889. Depositions of witnesses
A petitioner for the probate of a testament under the provisions of Articles 2882 through 2888 may obtain leave of court ex parte for the taking of the deposition of any witness whose testimony otherwise would not be available. The provisions of Articles 1426, 1434 through 1436, 1443 through 1446, 1449, 1452, and 1469 through 1471, so far as applicable, shall govern the taking of such deposition.
Acts 1985, No. 26, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2890. Proces verbal of probate

Art. 2890. Proces verbal of probate
A. A proces verbal of the hearing shall be prepared, signed by the judge or by the clerk, and by the witnesses who testified at the hearing, which shall be a record of the succession proceeding, and which shall recite or include:
(1) The opening of the testament, and the manner in which proof of its authenticity and validity was submitted;
(2) The names and surnames of the witnesses testifying, either personally or by affidavit or deposition; the substance of the testimony of the witnesses who testify personally at the hearing; and that any affidavits or depositions used are made a part thereof by attachment or by reference;
(3) The paraphing of the testament by the court, as set forth in Article 2882;
(4) An order that the testament be recorded, filed, and executed, if the court finds that it has been proved in accordance with law; or an order refusing to probate the testament, giving the substance of the court's reasons therefor.
B. If written affidavits only are used to prove a will under Articles 2883 through 2887, the proces verbal shall be dispensed with, and the court shall render a written order that the testament be recorded, filed, and executed, if the court finds that it has been proved in accordance with law, or a written order refusing to probate the testament, giving the substance of the court's reasons therefor.
Amended by Acts 1968, No. 130, §1; Acts 1970, No. 475, §1; Acts 1984, No. 393, §1; Acts 1987, No. 270, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2891. Notarial testament, nuncupative testament by public act, and statutory testament executed without probate

Art. 2891. Notarial testament, nuncupative testament by public act, and statutory testament executed without probate
A notarial testament, a nuncupative testament by public act, and a statutory testament do not need to be proved. Upon production of the testament, the court shall order it filed and executed and this order shall have the effect of probate.
Acts 1997, No. 1421, §3, eff. July 1, 1999.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2892. Use of probate testimony in subsequent action

Art. 2892. Use of probate testimony in subsequent action
When a testament has been probated in accordance with law, the record of the substance of the testimony of any witness at the hearing, and the deposition of any witness taken under Article 2889, shall be admissible in evidence in any subsequent action in which it is sought to annul the testament, if at the time of trial thereof the witness has died, or for any other reason his testimony cannot be taken again either by subpoenaing him to appear at the trial, or by deposition.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2893. Period within which will must be probated

Art. 2893. Period within which will must be probated
No testament shall be admitted to probate unless a petition therefor has been filed in a court of competent jurisdiction within five years after the judicial opening of the succession of the deceased.
Amended by Acts 1981, No. 316, §1; Acts 1986, No. 247, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2901. Contradictory trial required; time to file opposition

SECTION 3. CONTRADICTORY PROBATE OF TESTAMENTS
Art. 2901. Contradictory trial required; time to file opposition
If an objection is made to the ex parte probate of a testament, as provided in Article 2881, the testament may be probated only at a contradictory trial of the matter. If only an oral objection is made to the ex parte probate, the court shall allow the opponent a reasonable delay, not exceeding ten days, to file his opposition.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2904. Admissibility of videotape of execution of testament

Art. 2904. Admissibility of videotape of execution of testament
A. In a contradictory trial to probate a testament under Article 2901 or an action to annul a probated testament under Article 2931, and provided the testator is sworn by a person authorized to take oaths and the oath is recorded on the videotape, the videotape of the execution and reading of the testament by the testator may be admissible as evidence of any of the following:
(1) The proper execution of the testament.
(2) The intentions of the testator.
(3) The mental state or capacity of the testator.
(4) The authenticity of the testament.
(5) Matters that are determined by a court to be relevant to the probate of the testament.
B. For purposes of this Article, "videotape" means the visual recording on a magnetic tape, film, videotape, compact disc, digital versatile disc, digital video disc, or by other electronic means together with the associated oral record.
Acts 2005, No. 79, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2931. Annulment of probated testament by direct action; defendants; summary proceeding

CHAPTER 4. ANNULMENT OF PROBATED TESTAMENTS
Art. 2931. Annulment of probated testament by direct action; defendants; summary proceeding
A probated testament may be annulled only by a direct action brought in the succession proceeding against the legatees, the residuary heir, if any, and the executor, if he has not been discharged. The action shall be tried as a summary proceeding.
Amended by Acts 1984, No. 90, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2932. Burden of proof in action to annul

Art. 2932. Burden of proof in action to annul
A. The plaintiff in an action to annul a probated testament has the burden of proving the invalidity thereof, unless the action was instituted within three months of the date the testament was probated. In the latter event, the defendants have the burden of proving the authenticity of the testament, and its compliance with all of the formal requirements of the law.
B. In an action to annul a notarial testament, a nuncupative testament by public act, or a statutory testament, however, the plaintiff always has the burden of proving the invalidity of the testament.
Acts 1997, No. 1421, §3, eff. July 1, 1999.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2952. Descriptive list of property, if no inventory

Art. 2952. Descriptive list of property, if no inventory
A. If no inventory of the property left by the deceased has been taken, any heir, legatee, or other interested party shall file in the succession proceeding a detailed descriptive list, sworn to and subscribed by him, of all items of property composing the succession of the deceased, stating the actual cash value of each item at the time of the death of the deceased.
B. The detailed descriptive list shall be sealed upon the request of an heir or legatee.
C. If the detailed descriptive list is sealed, a copy shall be provided to the decedent's universal successors and surviving spouse. Upon motion of any successor, surviving spouse, or creditor of the estate, the court may furnish relevant information contained in the detailed descriptive list regarding assets and liabilities of the estate.
Acts 2020, No. 19, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2971. Pleading and service of process

CHAPTER 6. GENERAL RULES OF PROCEDURE
Art. 2971. Pleading and service of process
Except as otherwise provided by law, the rules of pleading and service of process applicable in ordinary proceedings shall apply to succession proceedings.
A certified copy of the petition, opposition, contradictory motion, or rule initiating a contradictory succession proceeding shall be served on the adverse party; but citation is necessary only in those cases in which it is specifically required by law.
An opposition may be served upon the adverse party as provided in Article 1313.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2972. Oppositions

Art. 2972. Oppositions
An opposition to the petition, motion, or other application of a party to a succession proceeding for an order or judgment of the court shall be in writing and be filed within the delay allowed. It shall comply with the provisions of Articles 853 through 863; shall state the name, surname, and domicile of the opponent; shall allege the interest of opponent in filing the opposition, and the grounds for opposing the petition, motion, or other application; and shall conclude with a prayer for appropriate relief.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2974. Appeals

Art. 2974. Appeals
Appeals from orders or judgments rendered in succession proceedings shall be governed by the rules applicable to appeals in ordinary proceedings, except that an order or judgment confirming, appointing, or removing a succession representative, or granting an interim allowance under Article 3321 shall be executed provisionally, notwithstanding appeal.
The acts of a succession representative shall not be invalidated by the annulment of his appointment on appeal.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3001. Sending into possession without administration when all heirs are competent and accept

TITLE II
ACCEPTANCE OF SUCCESSIONS WITHOUT ADMINISTRATION
CHAPTER 1. INTESTATE SUCCESSIONS
Art. 3001. Sending into possession without administration when all heirs are competent and accept
A. The heirs of an intestate decedent shall be recognized by the court, and sent into possession of his property without an administration of the succession, on the ex parte petition of all of the heirs, when all of them are competent and accept the succession, and the succession is relatively free of debt. A succession shall be deemed relatively free of debt when its only debts are administration expenses, mortgages not in arrears, and debts of the decedent that are small in comparison with the assets of the succession.
B. The surviving spouse in community of an intestate decedent shall be recognized by the court on ex parte petition as entitled to the possession of an undivided half of the community, and of the other undivided half to the extent that he has the usufruct thereof, without an administration of the succession, when the succession is relatively free of debt, as provided above.
Amended by Acts 1979, No. 711, §3, eff. Jan. 1, 1980; Acts 1997, No. 1421, §3, eff. July 1, 1999.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3002. Same; petition for possession

Art. 3002. Same; petition for possession
The petition of the heirs for possession under Article 3001 shall include allegations as to: the competency of the petitioners; the date of death of the deceased, and all other facts on which the jurisdiction of the court is based; the facts showing that petitioners are the sole heirs of the deceased; and that the succession is relatively free of debt, as provided in Article 3001.
The petition of the surviving spouse in community for possession under Article 3001 shall include all of the above allegations except those relating to heirship; shall allege the facts showing that he is the surviving spouse in community; shall state what property belonged to the community; and if he claims the usufruct of any interest in the community property, shall allege the fact showing that he is entitled thereto.
The allegations of the petition for possession shall be verified by the affidavit of at least one of the petitioners.
Amended by Acts 1979, No. 711, §3, eff. Jan. 1, 1980.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3003. Same; evidence of allegations of petition for possession

Art. 3003. Same; evidence of allegations of petition for possession
Evidence of the allegations of the petition for possession, under Articles 3002 or 3005, as to the death of the deceased, jurisdiction of the court, marriage of the spouses, and relationship of the petitioners to the deceased, shall be submitted to the court as provided by Articles 2821 through 2823.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3004. Discretionary power to send heirs and surviving spouse into possession

Art. 3004. Discretionary power to send heirs and surviving spouse into possession
A. The heirs of an intestate decedent may be recognized by the court, and sent into possession of his property without an administration of his succession when none of the creditors of the succession has demanded its administration, on the ex parte petition of any of the following:
(1) Those of the heirs who are competent, if all of them accept the succession.
(2) The legal representative of the incompetent heirs, if all of the heirs are incompetent and a legal representative has been appointed therefor.
(3) The surviving spouse in community of the decedent, if all of the heirs are incompetent and no legal representative has been appointed for some or all of them.
B. In such cases, the surviving spouse in community of the decedent may be recognized by the court as entitled to the possession of the community property, as provided in Article 3001.
Amended by Acts 1961, No. 23, §1; Acts 1997, No. 1421, §3, eff. July 1, 1999.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3005. Same; petition for possession; evidence

Art. 3005. Same; petition for possession; evidence
The petition of the heirs for possession under Article 3004 shall include allegations as to: the competency of the petitioners; the date of death of the intestate, and all other facts on which the jurisdiction of the court is based; and the facts showing that petitioners and the incompetent heirs named in the petition, if any, are the sole heirs of the intestate.
The petition of the surviving spouse in community for possession under Article 3004 shall include all of the pertinent allegations of Article 3002.
The allegation of the petition for possession shall be verified by the affidavit of at least one of the petitioners.
The allegations of the petition for possession shall be proved as provided in Article 3003.
Amended by Acts 1979, No. 711, §3, eff. Jan. 1, 1980.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3006. Same; when one of competent heirs cannot join in petition for possession

Art. 3006. Same; when one of competent heirs cannot join in petition for possession
If a competent heir of an intestate resides out of the state and cannot be located, or his whereabouts are unknown, the other competent heirs may be sent into possession of the property without an administration of the succession, as provided herein and in Articles 3004 and 3005.
Upon the filing of the petition for possession, the court shall appoint an attorney at law to represent the absent heir, and shall order him to show cause why the heirs of the intestate should not be recognized, and sent into possession of the property of the intestate without an administration of the succession.
After a hearing on the rule against the attorney for the absentee, if the court concludes that the succession is thoroughly solvent and that there is no necessity for an administration, it may send all the heirs of the intestate, including the absentee, into possession.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3007. Creditor may demand security when heirs sent into possession

Art. 3007. Creditor may demand security when heirs sent into possession
When the heirs of an intestate, or the heirs and the surviving spouse thereof, have been sent into possession of the property of the intestate under Articles 3001 or 3004, any creditor having a claim against the succession may file in the succession proceeding, within three months of the date of the judgment of possession, a contradictory motion against all parties sent into possession to compel them to furnish security for the payment of his claim.
On the trial of this motion, the court may order the parties sent into possession to furnish such security as it deems necessary to protect the claimant.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3008. Administration in default of security

Art. 3008. Administration in default of security
If the security required by the court under Article 3007 is not furnished within the delay allowed, on ex parte motion of the creditor, the court shall render a judgment annulling the judgment of possession, directing the cancellation of all inscriptions of the registry thereof, ordering an administration of the succession, and ordering the parties sent into possession to surrender to the administrator to be appointed thereafter all of the property of the deceased which they have received, and which they have not alienated.
Conventional mortgages and other encumbrances placed by the heirs, legatees, or surviving spouse in community on property so surrendered, and recorded prior to the cancellation of the inscription of the registry of the judgment of possession, shall retain their initial force and effect despite the administration of the succession.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3031. Sending legatees into possession without administration

CHAPTER 2. TESTATE SUCCESSIONS
Art. 3031. Sending legatees into possession without administration
A. When a testament has been probated or given the effect of probate, and subject to the provisions of Article 3033, the court may send all of the legatees into possession of their respective legacies without an administration of the succession, on the ex parte petition of all of the general and universal legatees, if each of them is either competent or is acting through a qualified legal representative, and each of them accepts the succession, and none of the creditors of the succession has demanded its administration.
B. In such cases, the surviving spouse in community of the testator may be recognized by the court as entitled to the possession of the community property, as provided in Article 3001.
Acts 1997, No. 1421, §3, eff. July 1, 1999.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3032. Same; petition for possession; evidence

Art. 3032. Same; petition for possession; evidence
The petition of the legatees for possession under Article 3031 shall include allegations that all of the petitioners are either competent or are acting through their qualified legal representatives. The person named as executor in the testament shall join in the petition, except as otherwise provided by Article 3033.
The petition of the surviving spouse in community for possession under Article 3031 shall comply with all of the pertinent provisions of Article 3002.
The allegations of the petition for possession shall be verified by the affidavit of at least one of the petitioners.
The allegations of the petition for possession shall be proved as provided in Article 3003.
Amended by Acts 1979, No. 711, §3, eff. Jan. 1, 1980.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3033. Same; compensation of executor

Art. 3033. Same; compensation of executor
If the testament is dated prior to January 1, 1961, the person named therein as executor shall be entitled to the full compensation allowed by law for an executor's services in administering a testate succession, even though he may not have been confirmed as executor.
If the testament is dated subsequent to December 31, 1960, the person named therein as executor shall be entitled to reasonable compensation for the services which he has rendered, whether he has been confirmed as executor or not.
Except as provided hereinafter, the legatees may be sent into possession only if the person named in the testament as executor joins in the petition thereof.
If the residuary legatee and the person named in the testament as executor cannot agree upon the compensation due him, or for any other reason he refuses to join in the petition for possession, the residuary legatee may rule him into court to show cause why the compensation due should not be determined judicially, and why the legatees should not be sent into possession of their legacies. The court shall not send the legatees into possession until satisfactory proof has been submitted that the compensation determined to be due the person named in the testament as executor has been paid.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3034. Creditor may demand security when legatees sent into possession; administration in default of security

Art. 3034. Creditor may demand security when legatees sent into possession; administration in default of security
When the legatees of a testator, or the legatees and the surviving spouse in community thereof, have been sent into possession of his property under Article 3031, any creditor having a claim against the succession may compel the parties sent into possession to furnish security for the payment of his claim, and may require an administration of the succession in default of such security, as provided by Articles 3007 and 3008.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3035. Particular legatee may demand security for delivery of legacy; administration in default of security

Art. 3035. Particular legatee may demand security for delivery of legacy; administration in default of security
A particular legatee who has not received his legacy after being sent into possession by judgment may demand that the residuary legatee furnish security for the delivery of his legacy and may require an administration of the succession in default of such security, as provided by Articles 3007 and 3008.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3061. Judgment rendered and signed immediately

CHAPTER 3. JUDGMENTS OF POSSESSION
Art. 3061. Judgment rendered and signed immediately
A. The court shall render and sign immediately a judgment of possession, if it finds from an examination of the petition for possession, and from the record of the proceeding, that the petitioners are entitled to the relief prayed for.
B. The judgment shall recognize the petitioners as the heirs, legatees, surviving spouse in community, or usufructuary, as the case may be, of the deceased, send the heirs or legatees into possession of the property owned by the deceased at the time of his death, and recognize the surviving spouse in community as entitled to the possession of an undivided one-half of the community property, and of the other undivided one-half to the extent that he has the usufruct thereof. The judgment shall include the last known address of at least one of the heirs or legatees or the surviving spouse, as the case may be, sent into possession of the property of the deceased. The failure to include the address of at least one of the heirs or legatees or the surviving spouse shall not affect the validity of the judgment.
C. A judgment sending one or more petitioners into possession under a testamentary usufruct or trust automatically incorporates all the terms of the testamentary usufruct or trust without the necessity of stating the terms in the judgment.
Amended by Acts 1972, No. 326, §2, eff. Jan. 1, 1973; Acts 2001, No. 641, §1; Acts 2006, No. 314, §1; Acts 2010, No. 175, §1; Acts 2010, No. 226, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3062. Effect of judgment of possession

Art. 3062. Effect of judgment of possession
The judgment of possession rendered in a succession proceeding shall be prima facie evidence of the relationship to the deceased of the parties recognized therein, as heir, legatee, surviving spouse in community, or usufructuary, as the case may be, and of their right to the possession of the estate of the deceased.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3081. Petition for confirmation

TITLE III
ADMINISTRATION OF SUCCESSIONS
CHAPTER 1. QUALIFICATION OF SUCCESSION
REPRESENTATIVES
SECTION 1. EXECUTORS
Art. 3081. Petition for confirmation
After the probate of the testament, or after its production into court as provided by Article 2891 if it is a nuncupative testament by public act, the person named as executor therein may petition the court for confirmation, and for the issuance of letters testamentary. If he files the original petition for the execution of the testament, he may pray therein for the issuance of letters.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3082. Order of confirmation; letters

Art. 3082. Order of confirmation; letters
Unless the person named in the testament as executor is disqualified on any of the grounds assigned in Article 3097, the court shall render an order upon his petition for confirmation, confirming him as testamentary executor and directing the issuance of letters testamentary to him after he has taken his oath of office and furnished security, if required.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3083. Appointment of dative testamentary executor

Art. 3083. Appointment of dative testamentary executor
If no executor has been named in the testament, or if the one named is dead, disqualified, or declines the trust, on its own motion or on motion of any interested party, the court shall appoint a dative testamentary executor, in the manner provided for the appointment of an administrator of an intestate succession.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3091. Petition for notice of application for appointment

SECTION 2. ADMINISTRATORS
Art. 3091. Petition for notice of application for appointment
An interested person desiring to be notified of the filing of an application for appointment as administrator, at any time after the death of the deceased, may petition the court in which the succession has been opened, or may be opened, for such notice.
A petition for such notice shall comply with Article 3092, shall bear the number and caption of the succession proceeding, and shall be docketed and filed by the clerk in the record thereof.
When a petition for such notice has been filed within ten days of the death of the deceased, or prior to the application for appointment as administrator, the applicant for appointment shall serve the notice prayed for, as provided in Article 3093.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3092. Form of petition for notice of application for appointment

Art. 3092. Form of petition for notice of application for appointment
A petition for notice under Article 3091 shall not be effective unless it is signed by the petitioner or his attorney, and sets forth: (1) the name, surname, and domicile of petitioner; (2) a statement of the interest of the petitioner; (3) the name, surname, and mailing address of the person to whom the requested notice shall be given; and (4) a prayer that the requested notice be given.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3094. Order on application for appointment

Art. 3094. Order on application for appointment
The court shall order the taking of an inventory, or the filing of a descriptive list as provided in Article 3136, of the property of the deceased upon the filing of an application for appointment as administrator.
If notice of the application for appointment is required under Articles 3091 through 3093, the court shall assign a date and hour for a hearing on the application, which shall be held not earlier than the eleventh day after the mailing or delivery of such notice. If no such notice is required, and ten days have elapsed since the death of the deceased, the court may appoint the applicant as administrator forthwith, unless he is disqualified under Article 3097.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3095. Opposition to application for appointment

Art. 3095. Opposition to application for appointment
The opposition to an application for appointment as administrator shall be filed prior to the hearing on the application and shall be served on the applicant for appointment. This opposition shall comply with Article 2972, and shall allege the prior right of opponent to the appointment, or the grounds on which it is claimed the applicant is disqualified. If the opposition is based on a prior right to the appointment, the opponent shall pray that he be appointed administrator.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3096. Appointment when no opposition; appointment after trial of opposition

Art. 3096. Appointment when no opposition; appointment after trial of opposition
At the hearing on the application for appointment as administrator, if no opposition thereto has been filed, the court shall appoint the applicant, unless he is disqualified under Article 3097.
If an opposition to the application for appointment has been filed prior to the hearing thereon, the court shall assign the opposition for trial. After this trial, the court shall appoint as administrator the qualified claimant having the highest priority of appointment.
If all of the claimants are disqualified under Article 3097, the court shall appoint a qualified person who is willing to accept the administration of the succession.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3097. Disqualifications

Art. 3097. Disqualifications
A. No person may be confirmed as testamentary executor, or appointed dative testamentary executor, provisional administrator, or administrator who is:
(1) Under eighteen years of age;
(2) Interdicted, or who, on contradictory hearing, is proved to be mentally incompetent;
(3) A convicted felon, under the laws of the United States or of any state or territory thereof;
(4) A nonresident of the state who has not appointed a resident agent for the service of process in all actions and proceedings with respect to the succession, and caused such appointment to be filed in the succession proceeding;
(5) A corporation not authorized to perform the duties of the office in this state; or
(6) A person who, on contradictory hearing, is proved to be unfit for appointment because of bad moral character.
B. No person may be appointed dative testamentary executor, provisional administrator, or administrator who is not the surviving spouse, heir, legatee, legal representative of an heir or legatee, or a creditor of the deceased or a creditor of the estate of the deceased, or the nominee of the surviving spouse, heir, legatee, or legal representative of an heir or legatee of the deceased, or a co-owner of immovable property with the deceased.
Amended by Acts 1964, No. 4, §1; Acts 1972, No. 347, §1; Acts 1985, No. 528, §1, eff. July 12, 1985.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3098. Priority of appointment

Art. 3098. Priority of appointment
A. When the appointment as administrator or dative testamentary executor is claimed by more than one qualified person, except as otherwise provided by law, preference in the appointment shall be given by the court in the following order to:
(1) The best qualified among the surviving spouse, competent heirs or legatees, or the legal representatives of any incompetent heirs or legatees of the deceased.
(2) The best qualified of the nominees of the surviving spouse, of the competent heirs or legatees, or of the legal representatives of any incompetent heirs or legatees of the deceased.
(3) The best qualified of the creditors of the deceased or a creditor of the estate of the deceased, or a co-owner of immovable property with the deceased.
B. "Best qualified", as used in this Article, means the claimant best qualified personally, and by training and experience, to administer the succession.
Acts 1992, No. 778, §1; Acts 1993, No. 29, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3111. Appointment

SECTION 3. PROVISIONAL ADMINISTRATORS
Art. 3111. Appointment
The court may appoint a provisional administrator of a succession, pending the appointment of an administrator or the confirmation of an executor, when it deems such appointment necessary to preserve, safeguard, and operate the property of the succession. On the application of an interested party, or on its own motion, when such an appointment is deemed necessary, the court may appoint a qualified person as provisional administrator forthwith.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3112. Security; oath; tenure; rights and duties

Art. 3112. Security; oath; tenure; rights and duties
A provisional administrator shall furnish security and take the oath of office required by Articles 3152 and 3158, respectively. He shall continue in office until an administrator or executor has been qualified, or until the heirs or legatees have been sent into possession.
Except as otherwise provided by law, a provisional administrator has all of the authority and rights of an administrator, and is subject to the same duties and obligations, in the discharge of his functions of preserving, safeguarding, and operating the property and business of the succession.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3113. Inventory taken or descriptive list filed when appointment made

Art. 3113. Inventory taken or descriptive list filed when appointment made
When the court appoints a provisional administrator, it shall order the taking of an inventory of the property of the succession as provided in Article 3131 or the filing of a descriptive list of the succession property as provided in Article 3136, unless either has been ordered taken before.
Amended by Acts 1972, No. 665, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3121. Attorney appointed as administrator of vacant successions; exceptions

SECTION 4. ADMINISTRATORS OF VACANT SUCCESSIONS
Art. 3121. Attorney appointed as administrator of vacant successions; exceptions
When no qualified person has petitioned for appointment as administrator of a vacant succession within three months of the death of the deceased, the court may appoint an attorney at law as administrator thereof and set his compensation. Said attorney shall be selected, on a rotating basis, from a list of attorneys currently practicing in the parish in which the succession is to be opened.
The attorney shall be required to furnish security as required by law. Otherwise, all of the provisions of law relating to the administrator of a succession apply to the attorney when appointed administrator of a vacant succession.
This article does not apply to any parish for which a public administrator has been appointed.
Amended by Acts 1961, No. 23, §1; Acts 1974, No. 530, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3122. Public administrator as administrator of vacant successions in certain parishes

Art. 3122. Public administrator as administrator of vacant successions in certain parishes
In parishes for which a public administrator has been appointed, he shall be appointed administrator of all successions of which, under Article 3121, an attorney at law in other parishes may be appointed administrator.
All provisions of law relating to the administrator of a succession apply to the public administrator, except as otherwise provided by R.S. 9:1581 through 9:1589.
Amended by Acts 1961, No. 23, §1; Acts 1974, No. 530, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3132. Public inventory

Art. 3132. Public inventory
The public inventory of the property of a deceased person, or of other estates under the administration of the court, shall be taken by a notary appointed by the court, in the presence of at least two competent witnesses, assisted by two competent appraisers appointed and sworn by the notary. The witnesses and appraisers need not be residents of the parish where the inventory is taken.
The taking of the inventory may be attended by any person interested in the estate to be administered, or by his attorney; and when timely requested to do so, the notary shall give such person, or his attorney, notice by ordinary mail of the time and place thereof.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3133. Proces verbal of inventory

Art. 3133. Proces verbal of inventory
The public inventory shall be evidenced by the notary's proces verbal of the proceedings, subscribed by him, and signed by the appraisers, witnesses, and other persons who have attended. This proces verbal shall contain:
(1) The names, surnames, domiciles, and qualities of the notary taking the inventory, of the witnesses thereto, of the appraisers who have valued the property, and of any other interested persons who have attended;
(2) The dates when and places where the inventory was taken;
(3) A description of the manner in which the inventory was taken;
(4) An adequate description of each item of property belonging to the estate and found in the parish where the inventory was taken, and the fair market value thereof estimated by the appraisers;
(5) An adequate description of all of the titles, account books, and written evidences of indebtedness due the estate, found during the taking of the inventory, and the amounts of the indebtedness, and the name, surname, and address of each debtor, as shown therein;
(6) An adequate description of any property owned in whole or in part by third persons, or claimed by third persons as having been left on loan, deposit, consignment, or otherwise; and
(7) A recapitulation of the aggregate value of all movable property, the aggregate value of all immovable property, and the total value of all property owned by the estate.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3134. Return of proces verbal of inventory

Art. 3134. Return of proces verbal of inventory
The notary who took the inventory, or the party at whose instance it was taken, shall make duplicate copies of the proces verbal, the original proces verbal shall be returned into the court which ordered it taken, immediately upon its completion and signing. The duplicate copy shall be certified and filed with the collector of revenue. A certified copy of the proces verbal of any inventory taken in Orleans Parish may be returned in the same manner, and with the same effect as the original.
Amended by Acts 1972, No. 326, §2, eff. Jan. 1, 1973.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3135. Proces verbal of inventory prima facie proof; traverse

Art. 3135. Proces verbal of inventory prima facie proof; traverse
The proces verbal of a public inventory returned into court as provided in Article 3134 shall be accepted as prima facie proof of all matters shown therein, without homologation by the court.
An interested person at any time may traverse the proces verbal of a public inventory by contradictory motion served upon the notary and the person at whose instance the inventory was made.
If a descriptive list is amended or successfully traversed a copy of the amended or traversed proces verbal shall be filed with the Collector of Revenue.
Amended by Acts 1972, No. 326, §2, eff. Jan. 1, 1973.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3136. Descriptive list of property in lieu of inventory

Art. 3136. Descriptive list of property in lieu of inventory
Whenever an inventory of succession property otherwise would be required by law, the person at whose instance the inventory would be taken may file with the Department of Revenue and in the succession proceeding, in lieu of an inventory complying with articles 3131 through 3135, a detailed, descriptive list of all succession property. This list shall be sworn to and subscribed by the person filing it, shall show the location of all items of succession property, and shall set forth the fair market value of each item thereof at the date of the death of the deceased.
The privilege of filing a descriptive list of succession property, in lieu of an inventory thereof, may be exercised without judicial authority.
Amended by Acts 1972, No. 326, §2, eff. Jan. 1, 1973.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3137. Descriptive list prima facie correct; amendment or traverse; reduction or increase of security

Art. 3137. Descriptive list prima facie correct; amendment or traverse; reduction or increase of security
The descriptive list of succession property authorized by Article 3136 shall be accepted as prima facie proof of all matters shown therein, unless amended or traversed successfully.
The court may amend the descriptive list at any time to correct errors therein, on ex parte motion of the person filing it. Any interested person may traverse the descriptive list at any time, on contradictory motion served on the person filing it. If a descriptive list is amended, or successfully traversed a copy of the amended or traversed descriptive list shall be filed with the Department of Revenue. The court may order the reduction or increase of the security required of a succession representative to conform to the corrected total value of the property of the succession.
Amended by Acts 1972, No. 326, §2, eff. Jan. 1, 1973.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3151. Security of administrator

SECTION 6. SECURITY, OATH, AND LETTERS OF
SUCCESSION REPRESENTATIVE
Art. 3151. Security of administrator
Except as otherwise provided by law, the person appointed administrator shall furnish security for the faithful performance of his duties in an amount exceeding by one-fourth the total value of all property of the succession as shown by the inventory or descriptive list.
The court may reduce the amount of this security, on proper showing, whenever it is proved that the security required is substantially in excess of that needed for the protection of the heirs and creditors.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3153. Security of testamentary executor

Art. 3153. Security of testamentary executor
The person appointed dative testamentary executor shall furnish the same security as is required of the administrator under Article 3151.
The person named by the testator as executor is not required to furnish security, except when required by the testament or as provided in Articles 3154 through 3155.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3154. Forced heirs and surviving spouse in community may compel executor to furnish security

Art. 3154. Forced heirs and surviving spouse in community may compel executor to furnish security
Forced heirs and the surviving spouse in community of the testator may compel the executor to furnish security by an ex parte verified petition therefor. If the court finds that the petitioner is a forced heir, or the surviving spouse in community, it shall order the executor to furnish security, within ten days of the service of the order, in an amount determined by the court as adequate to protect the interest of the petitioner.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3155. Creditor may compel executor to furnish security

Art. 3155. Creditor may compel executor to furnish security
A person having a pecuniary claim against a testate succession, whether liquidated or not, or claiming the ownership of specific items of property in the possession of the succession, may compel the executor to furnish security in an amount exceeding by one-fourth the amount of the claim, or the value of the property as shown on the inventory or the descriptive list. His verified petition for security may be presented ex parte to the court, which shall order the executor to furnish such security within ten days of the service of the order upon him.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3157. Special mortgage in lieu of bond

Art. 3157. Special mortgage in lieu of bond
The person appointed or confirmed as succession representative may give a special mortgage on unencumbered immovable property within the parish where the succession has been opened, in lieu of the security required by Articles 3151 through 3155. The mortgage shall be for the same amount as the security required, and shall be approved by the court before letters may be issued to him.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3159. Issuance of letters to succession representative

Art. 3159. Issuance of letters to succession representative
After the person appointed or confirmed as succession representative has qualified by furnishing the security required of him by law, and by taking his oath of office, the clerk shall issue to him letters of administration or letters testamentary, as the case may be.
These letters, issued in the name and under the seal of the court, evidence the confirmation or appointment of the succession representative, his qualification, and his compliance with all requirements of law relating thereto.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3171. Appointment

CHAPTER 2. ATTORNEY FOR ABSENT HEIRS AND LEGATEES
Art. 3171. Appointment
If it appears from the record, or is otherwise proved by an interested party, that an heir of an intestate, or a legatee or presumptive legal heir of a deceased testator, is an absentee, and there is a necessity for such appointment, the court shall appoint an attorney at law to represent the absent heir or legatee.