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2023 Louisiana Laws › Code of Civil Procedure › Art. 3172. Duties

Art. 3172. Duties
The attorney at law appointed to represent an absent heir or legatee shall:
(1) Make all necessary efforts to determine the identity and address of the absent heir or legatee, and to inform him of the death of the deceased and of his interest in the succession;
(2) Represent the absent heir or legatee in the succession, and defend his interests in all contradictory proceedings brought against him therein; and
(3) Take any conservatory action necessary to protect the interests of the absent heir or legatee, including the filing of all necessary suits.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3173. Removal; appointment of successor

Art. 3173. Removal; appointment of successor
The attorney at law appointed to represent an absent heir or legatee may be relieved by the court of his trust for any lawful reason, shall be removed by the court for nonperformance of duty, and his office shall terminate when the absent heir or legatee by proper pleading advises the court of his appointment of an attorney in fact, or of the selection of his own counsel.
If the attorney appointed to represent an absent heir or legatee, as provided in Article 3171, is removed, resigns, or dies, the court may appoint another attorney at law to succeed him.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3174. Compensation

Art. 3174. Compensation
The court may allow the attorney at law appointed to represent an absent heir or legatee, upon the completion of his duties, reasonable compensation for the services rendered, payable out of the share of the absent heir or legatee in the succession.
If the person whom the attorney has been appointed to represent is not entitled to any share in the succession, or such share is insufficient to compensate him adequately for his services, his reasonable compensation shall be taxed as costs of court against the mass of the succession.
Such compensation may be determined judicially by contradictory motion against the absent heir or legatee, if he has appeared through counsel or an attorney in fact, or otherwise against the succession representative.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3181. Revocation of appointment or confirmation; extension of time to qualify

CHAPTER 3. REVOCATION OF APPOINTMENT, AND REMOVAL
OF SUCCESSION REPRESENTATIVE
Art. 3181. Revocation of appointment or confirmation; extension of time to qualify
If a person appointed or confirmed as succession representative fails to qualify for the office within ten days after his appointment or confirmation, on its own motion or on motion of any interested person, the court may revoke the appointment or confirmation, and appoint another qualified person to the office forthwith.
The delay allowed herein for qualification may be extended by the court for good cause shown.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3182. Removal

Art. 3182. Removal
The court may remove any succession representative who is or has become disqualified, has become incapable of discharging the duties of his office, has mismanaged the estate, has failed to perform any duty imposed by law or by order of court, has ceased to be a domiciliary of the state without appointing an agent as provided in Article 3097(4), or has failed to give notice of his application for appointment when required under Article 3093.
The court on its own motion may, and on motion of any interested party shall, order the succession representative sought to be removed to show cause why he should not be removed from office. The removal of a succession representative from office does not invalidate any of his official acts performed prior to his removal.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3194. Contracts between succession representative and succession prohibited; penalties for failure to comply

Art. 3194. Contracts between succession representative and succession prohibited; penalties for failure to comply
A succession representative cannot in his personal capacity or as representative of any other person make any contracts with the succession of which he is a representative. He cannot acquire any property of the succession, or interest therein, personally or by means of third persons, except as provided in Article 3195.
All contracts prohibited by this article are voidable and the succession representative shall be liable to the succession for all damages resulting therefrom.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3195. Contracts between succession representative and succession; exceptions

Art. 3195. Contracts between succession representative and succession; exceptions
The provisions of Article 3194 shall not apply when a testament provides otherwise or to a succession representative who is:
(1) The surviving spouse of the deceased;
(2) A partner of the deceased, with respect to the assets and business of the partnership;
(3) A co-owner with the deceased, with respect to the property owned in common;
(4) An heir or legatee of the deceased; or
(5) A mortgage creditor or holder of a vendor's privilege, with respect to property subject to the mortgage or privilege.
Amended by Acts 1961, No. 23, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3198. Compromise and modification of obligations

Art. 3198. Compromise and modification of obligations
A succession representative may:
(1) Effect a compromise of an action or right of action by or against the succession; or
(2) Extend, renew, or in any manner modify the terms of any obligation owed by or to the succession.
Any action taken under this article must be approved by the court after notice as provided by Article 3229.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3222. Deposit of succession funds; unauthorized withdrawals prohibited; penalty

Art. 3222. Deposit of succession funds; unauthorized withdrawals prohibited; penalty
A succession representative shall deposit all moneys collected by him as soon as received, in a bank account in his official capacity, in a state or national bank in this state, and shall not withdraw the deposits or any part thereof, except in accordance with law.
On failure to comply with the provisions of this article, the court may render a judgment against the succession representative and his surety in solido to the extent of twenty percent interest per annum on the amount not deposited or withdrawn without authority, such sum to be paid to the succession. He may also be adjudged liable for all special damage suffered, and may be dismissed from office.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3223. Investment of succession funds

Art. 3223. Investment of succession funds
When it appears to the best interest of the succession, and subject to the representative's primary duty to preserve the estate for prompt distribution and to the terms of the testament, if any, the court may authorize a succession representative to invest the funds of the succession and make them productive.
Unless the testator has provided otherwise, such investments shall be restricted to the kinds of investments permitted to trustees by the laws of this state.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3224. Continuation of business

Art. 3224. Continuation of business
When it appears to the best interest of the succession, and after compliance with Article 3229, the court may authorize a succession representative to continue any business of the deceased for the benefit of the succession; but if the deceased died testate and his succession is solvent, the order of court shall be subject to the provisions of the testament. This order may contain such conditions, restrictions, regulations, and requirements as the court may direct.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3224.1. Continuation of corporation or partnership in which decedent held a majority interest

Art. 3224.1. Continuation of corporation or partnership in which decedent held a majority interest
A. The succession representative of an estate owning a majority interest in a corporation or partnership shall provide notice as provided in Articles 3272 and 3282 prior to alienating, encumbering, or disposing of any real property of a corporation or partnership in which the decedent held a majority interest at the time of his death. The notification required herein shall be by certified mail to the last known address of the heirs or legatees. The heirs and legatees may waive this notification.
B. Upon motion by an heir or legatee, and contradictory hearing thereon, the court may require that a succession representative of an estate owning a majority interest in a corporation or partnership seek court approval prior to alienating, encumbering, or disposing of any or all of the real property belonging to the corporation or partnership.
Acts 1992, No. 999, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3225. Continuation of business,; interim order unappealable

Art. 3225. Continuation of business; interim order unappealable
When an application to continue business has been filed, the court may issue an interim ex parte order to the succession representative to continue the business immediately until such time as the procedure provided for by Article 3229 may be complied with. The order granted herein shall expire at the end of forty-five days unless extended by the court.
No appeal shall lie from the granting or denial of the interim order.
Amended by Acts 1972, No. 666, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3226. Lease of succession property

Art. 3226. Lease of succession property
When it appears to the best interest of the succession, the court may authorize a succession representative to grant a lease upon succession property after compliance with Article 3229. No lease may be granted for more than one year, except with the consent of the heirs and interested legatees.
The court may also authorize the granting of mineral leases on succession property after compliance with Article 3229. The leases may be for a period greater than one year as may appear reasonable to the court. A copy of the proposed lease contract shall be attached to the application for the granting of a mineral lease, and the court may require alterations as it deems proper.
The order of the court shall state the minimum bonus, if any, to be received by the executor or administrator of the estate under the lease and the minimum royalty to be reserved to the estate, which in no event shall be less than one-eighth royalty on the oil and such other terms as the court may embody in its order.
Amended by Acts 1974, No. 131, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3228. Loans to succession representative for specific purposes; authority to encumber succession property as security therefor

Art. 3228. Loans to succession representative for specific purposes; authority to encumber succession property as security therefor
When it appears to the best interest of the succession, and after compliance with Article 3229, the court may authorize a succession representative to borrow money for the purposes of preserving the property or the orderly administration of the estate, of paying estate debts, and for expenditures in the regular course of business conducted in accordance with Article 3224. As security for the loans the court may authorize the succession representative to encumber succession property upon the terms and conditions as it may direct.
Acts 1995, No. 203, §1; Acts 1997, No. 1421, §3, eff. July 1, 1999; Acts 2010, No. 175, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3229. Notice by publication of application for court order; opposition

Art. 3229. Notice by publication of application for court order; opposition
A. When an application is made for an order under Articles 3198, and 3224 through 3228, notice of the application shall be published once in the parish where the succession proceeding is pending in the manner provided by law. When an application is made for an order under Article 3226 to grant a mineral lease, the notice shall also be published in the parish or parishes in which the affected property is located.
B. A court order shall not be required for the publication of the notice. The notice shall state that the order may be issued after the expiration of seven days from the date of publication and that an opposition may be filed at any time prior to the issuance of the order. If no opposition is filed, the court may grant the authority requested at any time after the expiration of the seven days from the date of publication.
C. An opposition shall be tried as a summary proceeding.
Amended by Acts 1974, No. 131, §2; Acts 1981, No. 317, §1; Acts 1987, No. 269, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3241. Presenting claim against succession

CHAPTER 5. ENFORCEMENT OF CLAIMS
AGAINST SUCCESSIONS
Art. 3241. Presenting claim against succession
A creditor of a succession under administration may submit his claim to the succession representative for acknowledgment and payment in due course of administration.
Except for the purposes of Article 3245, no particular form is required for the submission of a claim by a creditor of the succession other than that it be in writing.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3242. Acknowledgment or rejection of claim by representative

Art. 3242. Acknowledgment or rejection of claim by representative
The succession representative to whom a claim against the succession has been submitted, within thirty days thereof, shall either acknowledge or reject the claim, in whole or in part. This acknowledgment or express rejection shall be in writing, dated, and signed by the succession representative, who shall notify the claimant of his action. Failure of the succession representative either to acknowledge or reject a claim within thirty days of the date it was submitted to him shall be considered a rejection thereof.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3243. Effect of acknowledgment of claim by representative

Art. 3243. Effect of acknowledgment of claim by representative
The acknowledgment of a claim by the succession representative, as provided in Article 3242, shall:
(1) Entitle the creditor to have his claim included in the succession representative's petition for authority to pay debts, or in his tableau of distribution, for payment in due course of administration;
(2) Create a prima facie presumption of the validity of the claim, even if it is not included in the succession representative's petition for authority to pay debts, or in his tableau of distribution; and
(3) Suspend the running of prescription against the claim as long as the succession is under administration.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3244. Effect of inclusion of claim in petition or in tableau of distribution

Art. 3244. Effect of inclusion of claim in petition or in tableau of distribution
The inclusion of the claim of a creditor of the succession in the succession representative's petition for authority to pay debts or in his tableau of distribution creates a prima facie presumption of the validity of the claim; and the burden of proving the invalidity thereof shall be upon the person opposing it.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3245. Submission of formal proof of claim to suspend prescription

Art. 3245. Submission of formal proof of claim to suspend prescription
A. A creditor may suspend the running of prescription against his claim for up to ten years:
(1) By delivering personally or by certified or registered mail to the succession representative, or his attorney of record, a formal written proof of the claim.
(2) By filing a formal written proof of the claim in the record of the succession proceeding, if the succession has been opened and no person has been appointed or confirmed as succession representative and no judgment of possession has been signed.
(3) By filing a formal written proof of the claim in the mortgage records of the appropriate parish as provided in Article 2811, in the absence of a proceeding to open the succession.
B. Such proof of claim shall be sworn to by the claimant and shall set forth:
(1) The name and address of the creditor;
(2) The amount of the claim, and a short statement of facts on which it is based; and
(3) If the claim is secured, a description of the security and of any property affected thereby.
C. If the claim is based on a written instrument, a copy thereof with all endorsements must be attached to the proof of the claim. The original instrument must be exhibited to the succession representative on demand, unless it is lost or destroyed, in which case its loss or destruction must be stated in the claim.
D. The submission of this formal proof of claim, even though it be rejected subsequently by the succession representative, shall suspend the running of prescription against the claim as long as the succession is under administration or, if the succession has been opened and no person has been appointed or confirmed as succession representative and no judgment of possession has been signed, submission of the formal proof of claim shall suspend the running of prescription against the claim as long as no judgment of possession has been signed. In the absence of a proceeding to open the succession, submission of the formal proof of claim shall suspend the running of prescription against the claim for five years, commencing from the date of submission of the proof of claim.
Acts 1987, No. 693, §1; Acts 1993, No. 481, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3246. Rejection of claim; prerequisite to judicial enforcement

Art. 3246. Rejection of claim; prerequisite to judicial enforcement
A creditor of a succession may not sue a succession representative to enforce a claim against the succession until the succession representative has rejected the claim.
If the claim is rejected in whole or in part by the succession representative, the creditor to the extent of the rejection may enforce his claim judicially.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3264. Perishable property; crops

Art. 3264. Perishable property; crops
Upon the petition of the succession representative as provided in Articles 3263 and 3271, the court may order the immediate sale of perishable property and growing crops either at public auction or private sale, without appraisal, and without advertisement, or with such advertisement as the court may direct.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3265. Prima facie proof of publication

Art. 3265. Prima facie proof of publication
When a publication of notice is required by this Title, prima facie proof may be made either by an affidavit of publication by the official journal or newspaper which published the notice, reciting the date or dates of publication and the text of the notice, or by the original newspaper tear sheet showing both the text of the notice and its date of publication, accompanied by an affidavit by the moving party or the party's attorney, attesting to the publication and its date or dates.
Acts 1993, No. 26, §1, eff. May 18, 1993.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3266. Issuance of certificates of no opposition

Art. 3266. Issuance of certificates of no opposition
When no opposition has been filed to an application by a succession representative for an order or judgment of the court, pursuant to an Article of this Title, the clerk of court shall issue a certificate that no opposition has been filed. No further proof shall be required.
Acts 1993, No. 27, §1, eff. May 18, 1993.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3271. Petition; order

SECTION 2. PUBLIC SALE
Art. 3271. Petition; order
A succession representative desiring to sell succession property at public auction shall file a petition setting forth a description of the property and the reasons for the sale.
The court shall render an order authorizing the sale at public auction after publication, when it considers the sale to be to the best interests of the succession.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3272. Publication of notice of sale; place of sale

Art. 3272. Publication of notice of sale; place of sale
Notice of the sale shall be published at least once for movable property, and at least twice for immovable property, in the manner provided by law. The court may order additional publications.
The notice of sale shall be published in the parish where the succession proceeding is pending. When immovable property situated in another parish is to be sold, the notice shall also be published in the parish where the property is situated. When movable property situated in another parish is to be sold, the court may require the notice to be published also in the parish where the property is situated.
The sale shall be conducted in the parish where the succession proceeding is pending, unless the court orders that the sale be conducted in the parish where the property is situated.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3273. Minimum price; second offering

Art. 3273. Minimum price; second offering
The property shall not be sold if the price bid by the last and highest bidder is less than two-thirds of the appraised value in the inventory. In that event, on the petition of the succession representative, the court shall order a readvertisement in the same manner as for an original sale, and the same delay must elapse. At the second offering the property shall be sold to the last and highest bidder regardless of the price.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4321. Petition; order

SECTION 2. PUBLIC SALE
Art. 4321. Petition; order
In addition to the requirements of Article 4271, a petition for authority to sell property of a minor at public sale shall set forth a description of the property and the reasons which make it advantageous to the minor to sell at public sale.
The court shall render an order authorizing the sale at public auction after publication, when it considers the sale to be to the best interest of the minor. The order shall specify the minimum price to be accepted.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4322. Publication; place of sale

Art. 4322. Publication; place of sale
Notice of the sale shall be published in the parish in which the tutorship proceeding is pending, at least twice for immovable property and at least once for movable property, in the manner provided by law. The court may order additional advertisements.
When immovable property situated in another parish is to be sold, the notice shall also be published in the parish where the property is situated. When movable property situated in another parish is to be sold, the court may require the notice to be published also in the parish where the property is situated.
The sale shall be conducted in the parish in which the tutorship proceeding is pending, unless the court orders that the sale be conducted in the parish where the property is situated.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4323. Minimum price; subsequent offering

Art. 4323. Minimum price; subsequent offering
The property shall not be sold if the price bid by the last and highest bidder is less than the minimum price fixed by the court. In that event, on the petition of the tutor, the court may order another offering, with the same formalities as for an original offering, at a lower minimum price.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3281. Petition for private sale

SECTION 3. PRIVATE SALE
Art. 3281. Petition for private sale
A. A succession representative who desires to sell succession property at private sale shall file a petition setting forth a description of the property, the price and conditions of and the reasons for the proposed sale. If an agreement to sell has been executed in accordance with Paragraph B of this Article, a copy of such agreement shall be annexed to the petition.
B. A succession representative may execute, without prior court authority, an agreement to sell succession property at private sale, subject to the suspensive condition that the court approve the proposed sale.
C. The succession representative shall be obligated to file a petition in accordance with Paragraph A of this Article within thirty (30) days of the date of execution of such an agreement to sell.
Amended by Acts 1980, No. 369, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3282. Publication

Art. 3282. Publication
Notice of the application for authority to sell succession property at private sale shall be published at least once for movable property, and at least twice for immovable property, in the manner provided by law. A court order shall not be required for the publication of the notice.
The notice shall be published in the parish in which the succession proceeding is pending. When immovable property situated in another parish is to be sold, the notice shall also be published in the parish in which the property is situated. When movable property situated in another parish is to be sold, the notice may be published also in the parish in which the property is situated, without necessity of a court order for the publication; however, the court may order the notice to be published in the parish where the movable property is situated.
The notice shall state that any opposition to the proposed sale must be filed within seven days from the date of the last publication.
Amended by Acts 1972, No. 626, §1; Acts 1976, No. 364, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3284. Order; hearing

Art. 3284. Order; hearing
A. If no opposition has been filed timely and the court considers the sale to be to the best interests of the succession, the court shall render an order authorizing the sale and shall fix the minimum price to be accepted. The price may be fixed exactly as the appraised value, as a fraction of the appraised value, as more than the appraised value, or as not less than the appraised value of the property. If an agreement to sell has been executed as provided in Article 3281 and the price and conditions fixed by the court are the price and conditions set in the agreement, the order of court authorizing the sale under such agreement shall fulfill the suspensive condition of the agreement, which thereafter shall be enforceable by the parties to the agreement.
B. Nothing contained in this Article shall affect the general duties of a succession representative.
C. An opposition shall be tried as a summary proceeding.
D. This Article is remedial and shall be retroactive to January 1, 1961. All sales of succession property on and after January 1, 1961, made in compliance with the provisions of this Article are hereby validated.
Amended by Acts 1968, No. 203, §§1, 2; Acts 1980, No. 369, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3285. Bonds and stocks

Art. 3285. Bonds and stocks
A succession representative may sell bonds and shares of stock at private sale at rates prevailing in the open market, by obtaining a court order authorizing the sale. No advertisement is necessary, and the order authorizing the sale may be rendered upon the filing of the petition.
The endorsement of the succession representative and a certified copy of the court order authorizing the sale shall be sufficient warrant for the transfer.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3286. Court may authorize listing

Art. 3286. Court may authorize listing
A succession representative who desires to list succession property for sale shall file a petition to which shall be annexed the proposed listing agreement, which shall contain a provision that any offer to purchase submitted under such agreement to the succession representative shall be subject to the suspensive condition that the court approve the proposed sale. The court shall render an order, ex parte, authorizing the execution of the listing agreement by the succession representative when it considers such agreement to be in the best interests of the succession.
Added by Acts 1980, No. 369, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3287. Household goods

Art. 3287. Household goods
A succession representative may sell household goods at prices not less than the appraised value of such goods in the succession inventory or descriptive list by obtaining an order authorizing sales, from time to time, for such prices as the succession representative shall determine. No advertisement shall be necessary, and the order authorizing such sales may be rendered upon the filing of the petition. Household goods shall include furniture, furnishings, appliances, linen, and clothing. If the succession representative desires to sell household goods for less than the appraised value, advertisement shall be required.
Acts 1985, No. 724, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3288. Motor vehicles; sale at appraised value

Art. 3288. Motor vehicles; sale at appraised value
A. A succession representative may sell motor vehicles at prices not less than the appraised value of such motor vehicles in the succession inventory or descriptive list by obtaining an order authorizing sales, from time to time, for such prices as the succession representative shall determine. No advertisement shall be necessary, and the order authorizing such sales may be rendered upon the filing of the petition. If the succession representative desires to sell motor vehicles for less than the appraised value, advertisement shall be required.
B. For purposes of this Article, "motor vehicles" shall include automobiles, two-axle trucks, and motorcycles.
Acts 1986, No. 237, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4342. Bonds and stocks

Art. 4342. Bonds and stocks
A tutor may sell bonds and stocks of the minor at rates prevailing in the open market, after compliance with Article 4271, by obtaining a court order authorizing the sale.
The endorsement of the tutor and a certified copy of the court order authorizing the sale shall be sufficient warrant for the transfer.
Amended by Acts 1962, No. 92, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3291. Court may authorize exchange

SECTION 4. EXCHANGE OF SUCCESSION PROPERTY
Art. 3291. Court may authorize exchange
The court may authorize an exchange of succession property, on the petition of the succession representative, for a consideration to be paid in corporate stock or other property, or partly therein and partly in cash, if advantageous to the heirs and legatees and not prejudicial of the rights of the succession creditors.
Amended by Acts 1962, No. 92, §3.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3292. Petition for authority to exchange

Art. 3292. Petition for authority to exchange
The petition of the succession representative for authority to exchange succession property for other property, or for other property and cash, shall set forth a description of both properties, the petitioner's opinion of the values thereof, the conditions of the exchange, and the reasons why such an exchange would be advantageous to the heirs and legatees, and would not prejudice the rights of succession creditors.
Added by Acts 1962, No. 92, §3.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3293. Copy of petition for authority to be served on heirs and legatees; exception

Art. 3293. Copy of petition for authority to be served on heirs and legatees; exception
A certified copy of the succession representative's petition for authority to exchange succession property shall be served, as provided in Article 1314, on all heirs and legatees of the deceased who have not joined in this petition. The petition need not be served on a legatee who has received all of his legacies as provided in the testament.
Added by Acts 1962, No. 92, §3; Amended by Acts 1988, No. 578, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3294. Publication of notice; opposition; hearing; order

Art. 3294. Publication of notice; opposition; hearing; order
The provisions of Articles 3282 through 3284 shall apply to the publication of notice of the application for authority to exchange succession property, opposition thereto, and the hearing and order thereon.
Added by Acts 1962, No. 92, §3.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3295. Giving in payment of succession property

SECTION 5. GIVING IN PAYMENT; PROCEDURE
Art. 3295. Giving in payment of succession property
The executor or administrator may transfer by a giving in payment any succession property in satisfaction of secured or unsecured debts. The property may be taken in indivision by the secured or unsecured creditors, or both.
Acts 1988, No. 564, §1; Acts 1997, No. 1421, §7, eff. July 1, 1999; Acts 2003, No. 545, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3296. Petition

Art. 3296. Petition
A. To this end, he shall present to the judge a petition setting forth the nature of the property, the amount of the encumbrances if any, and the reasons why he deems it in the best interest of the succession to convey the property in satisfaction of the debt or debts.
B. A copy of the petition shall be served by the executor or administrator on each creditor of the succession who has requested notification, together with a notice requiring that any opposition to the granting of the application be filed within seven days from date of service. Service of the petition as set forth herein may be made by registered or certified mail, return receipt requested.
Acts 1988, No. 564, §1; Acts 1997, No. 1421, §7, eff. July 1, 1999.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3297. Publication

Art. 3297. Publication
Notice of the application shall be published in the manner prescribed for judicial advertisements, requiring all whom it may concern, including the heirs, to make opposition, if they have any, to the granting of the application, within seven days from the day whereon the last publication appears.
Amended by Acts 1981, No. 314, §1; Acts 1997, No. 1421, §7, eff. July 1, l999.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3298. Hearing; order

Art. 3298. Hearing; order
If no opposition should be made within the time, the judge may grant to the administrator or executor the authority applied for, after the debt is proven, but if opposition should be made, he shall hear the matter and determine thereon in a summary manner.
Acts 1988, No. 564, §1; Acts 1997, No. 1421, §7, eff. July 1, 1999.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3301. Payment of estate debts; court order

CHAPTER 7. PAYMENT OF ESTATE DEBTS
Art. 3301. Payment of estate debts; court order
A succession representative may pay an estate debt only with the authorization of the court, except as provided by Articles 3224 and 3302.
Acts 1997, No. 1421, §3, eff. July 1, 1999.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3302. Time of payment of estate debts; urgent estate debts

Art. 3302. Time of payment of estate debts; urgent estate debts
A. Upon the expiration of three months from the death of the decedent, the succession representative shall proceed to pay the estate debts as provided in this Chapter.
B. At any time and without publication the court may authorize the payment of estate debts the payment of which should not be delayed.
Acts 1997, No. 1421, §3, eff. July 1, 1999.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3303. Petition for authority; tableau of distribution

Art. 3303. Petition for authority; tableau of distribution
A. When a succession representative desires to pay estate debts, he shall file a petition for authority and shall include in or annex to the petition a tableau of distribution listing those estate debts to be paid. A court order shall not be required for the publication of the notice of filing of a tableau of distribution.
B. If the funds in his hands are insufficient to pay all the estate debts in full, the tableau of distribution shall show the total funds available and shall list the proposed payments according to the rank of the privileges and mortgages of the creditors.
Acts 1986, No. 204, §1; Acts 1997, No. 1421, §3, eff. July 1, 1999.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3304. Notice of filing of petition; publication

Art. 3304. Notice of filing of petition; publication
Notice of the filing of a petition for authority to pay an estate debt shall be published once in the parish where the succession proceeding is pending in the manner provided by law. The notice shall state that the petition can be homologated after the expiration of seven days from the date of publication and that any opposition to the petition must be filed prior to homologation.
Amended by Acts 1980, No. 280, §1; Acts 1989, No. 116, §1; Acts 1990, No. 65, §1, eff. June 27, 1990; Acts 1997, No. 1421, §3, eff. July 1, 1999.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3305. Petition for notice of filing of tableau of distribution

Art. 3305. Petition for notice of filing of tableau of distribution
An interested person may petition the court for notice of the filing of a tableau of distribution.
The petition for such notice shall be signed by the petitioner or by his attorney, and shall set forth: (1) the name, surname, and address of the petitioner; (2) a statement of the interest of petitioner; (3) the name, surname, and office address of the attorney at law licensed to practice law in this state to whom the notice prayed for shall be mailed; and (4) a prayer that petitioner be notified, through his attorney, of the filing of the tableau of distribution.
A copy of this petition shall be served upon the succession representative, as provided in Article 1314.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3306. Notice of filing of tableau of distribution; effect of failure to serve

Art. 3306. Notice of filing of tableau of distribution; effect of failure to serve
When notice has been requested in accordance with Article 3305, the succession representative, without the necessity for a court order thereon, shall send a notice of the filing of a tableau of distribution by mail to the attorney designated by the person praying for notice at the address designated. Proof of mailing is sufficient; no proof of receipt is required.
If no notice of the filing of a tableau of distribution has been mailed when required under this article, a judgment homologating the tableau of distribution shall have no effect against the person praying for such notice.
Amended by Acts 1962, No. 92, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3307. Homologation; payment

Art. 3307. Homologation; payment
A. An opposition may be filed at any time before homologation, and shall be tried as a summary proceeding. If no opposition has been filed, the succession representative may have the tableau of distribution homologated and the court may grant the authority requested at any time after the expiration of seven days from the date of publication or from the date the notice required by Article 3306 is mailed, whichever is later.
B. If an opposition has been taken under advisement by the court after the trial thereof, notice of the signing of the judgment homologating the tableau of distribution, as originally submitted or as amended by the court, need be mailed by the clerk of court only to counsel for the opponent, or to the opponent if not represented by counsel.
C. After the delay for a suspensive appeal from the judgment of homologation has elapsed, the succession representative shall pay the debts approved by the court.
Amended by Acts 1961, No. 23, §1; Acts 1980, No. 280, §1; Acts 1989, No. 116, §1; Acts 1990, No. 65, §1, eff. June 27, 1990.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3308. Appeal

Art. 3308. Appeal
Only a suspensive appeal as provided in Article 2123 shall be allowed from a judgment homologating a tableau of distribution. The appeal bond shall comply with Article 2124.
The succession representative shall retain a sum sufficient to pay the amount in dispute on appeal until a definitive judgment is rendered. He shall distribute the remainder among the creditors whose claims have been approved and are not in dispute on appeal.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3321. Interim allowance for maintenance during administration

CHAPTER 8. INTERIM ALLOWANCE TO HEIRS AND LEGATEES
Art. 3321. Interim allowance for maintenance during administration
When a succession is sufficiently solvent, the surviving spouse, heirs, or legatees shall be entitled to a reasonable periodic allowance in money for their maintenance during the period of administration, if the court concludes that such an allowance is necessary, provided the sums so advanced to the spouse, heirs, or legatees are within the amount eventually due them. Such payments shall be charged to the share of the person receiving them.
A surviving spouse, heir, or legatee may compel the payment of an allowance during the administration by contradictory motion against the succession representative.
Notice of the filing of a petition for authority to pay an allowance, or of a contradictory motion to compel the payment of an allowance, shall be published once in the manner provided by law. The notice shall state that any opposition must be filed within ten days from the date of publication.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3332. Final account

Art. 3332. Final account
A. A succession representative may file a final account of his administration at any time after homologation of the final tableau of distribution and the payment of all estate debts and legacies as set forth in the tableau.
B. The court shall order the filing of a final account upon the application of an heir or residuary legatee who has been sent into possession or upon the rendition of a judgment ordering the removal of a succession representative.
Acts 1997, No. 1421, §3, eff. July 1, 1999.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3335. Notice to heirs and residuary legatees

Art. 3335. Notice to heirs and residuary legatees
A copy of any account filed by a succession representative shall be served upon each heir or residuary legatee, together with a notice that the account may be homologated after the expiration of ten days from the date of service and that any opposition thereto must be filed before homologation.
In the case of any account other than the final account, service on either a resident or nonresident may be made by ordinary mail.
In the case of a final account, service may be made:
(a) In accordance with the provisions of Article 1314; or
(b) By certified or registered mail on either a resident or nonresident. The certificate of the attorney for the succession representative that the notice and final account were mailed to the heir or legatee, together with the return receipt signed by the addressee shall be filed in the succession proceeding prior to homologation of the final account.
Amended by Acts 1966, No. 36, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3336. Opposition; homologation

Art. 3336. Opposition; homologation
An opposition to an account may be filed at any time before homologation. An opposition shall be tried as a summary proceeding.
When no opposition has been filed, or to the extent to which the account is unopposed, the succession representative may have the account homologated at any time after the expiration of ten days from the date of service as provided in Article 3335.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3351. Amount of compensation; when due

CHAPTER 10. COMPENSATION OF
SUCCESSION REPRESENTATIVE
Art. 3351. Amount of compensation; when due
An executor shall be allowed as compensation for his services such reasonable amount as is provided in the testament in which he is appointed. An administrator for his services in administering a succession shall be allowed such reasonable amount as is provided by the agreement between the administrator and the surviving spouse, and all competent heirs or legatees of the deceased.
In the absence of a provision in the testament or an agreement between the parties, the administrator or executor shall be allowed a sum equal to two and one-half percent of the amount of the inventory as compensation for his services in administering the succession. The court may increase the compensation upon a proper showing that the usual commission is inadequate.
A provisional administrator or an administrator of a vacant succession shall be allowed fair and reasonable compensation by the court for his services.
The compensation of a succession representative shall be due upon the homologation of his final account. The court may allow an administrator or executor an advance upon his compensation at any time during the administration.
Amended by Acts 1982, No. 281, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3351.1. Amount of compensation; limitation when serving as attorney, corporate officer, or managing partner

Art. 3351.1. Amount of compensation; limitation when serving as attorney, corporate officer, or managing partner
A. Unless expressly stated in the testament appointing the succession representative, if the succession representative, in discharging his duties as succession representative, is or becomes an officer of a corporation, in which the majority of outstanding shares were owned by the decedent at the time of his death, or is or becomes the managing partner of a partnership in which the decedent at the time of his death owned a majority interest, the succession representative shall not receive compensation both as a succession representative and as an officer of the corporation, or managing partner of the partnership; however, the compensation of a succession representative shall be reduced by the amount of compensation which he received and which was attributable to the performance of his duties as an officer of the corporation or managing partner of the partnership.
B. Unless expressly stated in the testament appointing the succession representative, if the succession representative serves as an attorney for the succession or for the succession representative, the succession representative shall not receive compensation both as a succession representative and as an attorney for the succession or for the succession representative; however, the compensation of a succession representative shall be reduced by the amount of compensation received and which was attributable to the performance of the duties as attorney for the succession or for the succession representatives.
C. The provisions of Paragraphs A and B of this Article limiting compensation received by a succession representative may be waived upon written approval by the heirs and legatees of the decedent owning a two-thirds interest in the succession.
D. Any compensation paid or due to a succession representative under the provisions of this Article shall not be paid unless approved by the court.
Added by Acts 1988, No. 548, §1; Acts 1992, No. 484, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3361. After homologation of final tableau of distribution

CHAPTER 11. SENDING HEIRS AND LEGATEES
INTO POSSESSION
SECTION 1. INTESTATE SUCCESSION
Art. 3361. After homologation of final tableau of distribution
At any time after the homologation of the final tableau of distribution, an heir of an intestate succession may file a petition to be sent into possession alleging the facts showing that he is an heir. Upon the filing of such a petition, the court shall order the administrator to show cause why the petitioner should not be sent into possession.
Acts 1997, No. 1421, §3, eff. July 1, 1999.