reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Civil Code › Art. 1321. Separate possession of one co-owner, partition before prescription.

Art. 1321. Separate possession of one co-owner, partition before prescription.
It follows from the provisions of the preceding article that the partition can be demanded, even though one of the heirs should have enjoyed some part of the estate * separately, if there has been no act of partition, nor possession sufficient to acquire prescription.
* Note error in English translation of French text; "estate" should be "effects of the succession."
2023 Louisiana Laws › Civil Code › Art. 1325. Inventory within one year of partition suit.

Art. 1325. Inventory within one year of partition suit.
The public inventory, which may have been made by the parties interested at a time not exceeding one year previous to the suit for a partition, shall serve as the basis of the partition, unless one of the heirs demands a new appraisement, and proves that the effects mentioned in the inventory have not been estimated at their just price, or at the value they have acquired since the date of this act.
2023 Louisiana Laws › Civil Code › Art. 1328. Summary proceeding for action of partition.

Art. 1328. Summary proceeding for action of partition.
The judge, before whom the action of partition is brought, is bound to pronounce thereon in a summary manner, by which is always meant with the least possible delay and * in preference to the ordinary suits pending before him.
* English translation of French text incomplete; should include "by deciding this kind of cases."
2023 Louisiana Laws › Civil Code › Art. 1331. Collation in action of partition; time for deliberating.

Art. 1331. Collation in action of partition; time for deliberating.
If a partition is to be made among the children or descendants of the deceased, and one of the heirs alleges that his coheir is bound to collate an immovable, which has been given him by the deceased, and requires that his coheir should decide on the manner in which he wishes to make this collation, the judge, if it be proved * that the coheir is bound to collate the property, shall order that the donee decide thereon, within a term to be fixed by the judge, which can not exceed three days from the day on which the order has been notified to him, if he or his representative is found in the place.
* English translation of French text incomplete; should include "or confessed."
2023 Louisiana Laws › Civil Code › Art. 1333. Election to collate by taking less; failure to elect.

Art. 1333. Election to collate by taking less; failure to elect.
But if the donee declare that he will not return the immovable property which has been given him, but will take his share in the effects of the succession, after deducting the value of such immovable property, or if he permits the term, granted to him to make his decision, to expire, without deciding on the manner in which he will make his collation, he shall lose the right of returning this property in kind.
2023 Louisiana Laws › Civil Code › Art. 1334. Appraisement of property to be collated.

Art. 1334. Appraisement of property to be collated.
Whether the donee has decided that he will collate in kind or by taking less, the coheirs, to whom the collation is due, have the right, as soon as the donee has decided thereon, to require and obtain an order that the property subject to the collation be appraised, as is prescribed in the following section, in order that it may be included among the effects to be divided for the sum at which it is appraised.
2023 Louisiana Laws › Civil Code › Art. 1335. Matters incidental to partition; procedure.

Art. 1335. Matters incidental to partition; procedure.
All points, arising before the judge having cognizance of the suit for partition, on the manner of making the collation or other operations relating to the partition, being merely incidental to the suit, shall be decided on the simple motion of the party interested in having them decided, the same being duly notified to the other heirs or their attorneys, and a reasonable time being granted to answer thereto.
2023 Louisiana Laws › Civil Code › Art. 1337. Partition in kind; sale of movables to pay debts.

Art. 1337. Partition in kind; sale of movables to pay debts.
Each of the coheirs may demand in kind his share of the movables and immovables of the succession; but if there are creditors who have made any seizure or opposition, or if a majority of the coheirs are of opinion that the sale is necessary in order to satisfy the debts and charges of the succession, the movables shall be sold at public auction, after the usual advertisements.
2023 Louisiana Laws › Civil Code › Art. 1341. Terms of sale of succession effects where all heirs are absent or minors.

Art. 1341. Terms of sale of succession effects where all heirs are absent or minors.
When the effects of a succession are to be sold, in order to effect a partition, if all the heirs of the deceased are absent, minors or interdicted, the judge may, at the instance of the tutors and curators of these heirs, and on the advice of the family meeting of those of the heirs who are minors or interdicted, order the sale to be made on certain terms of credit and on proper security, unless the payments of the debts of the succession require that the sale be made for cash.
2023 Louisiana Laws › Civil Code › Art. 1342. Terms of sale of succession effects where heirs present demand sale for cash.

Art. 1342. Terms of sale of succession effects where heirs present demand sale for cash.
If there be, among the heirs of the deceased, any who are of age and present, and who demand that the sale be made for cash, it shall be made for cash, for a sufficient sum to cover the portion coming to them, and on a credit for the balance, on the terms prescribed by the other heirs.
But on the partition of the proceeds of the sale, the whole amount shall be reduced to its cash value, by deducting from the whole sum to be paid, * eight per cent. per annum, and those heirs who require their portion in cash, shall receive it on the whole amount thus reduced.
* English translation of French text incomplete; should include "on credit."
2023 Louisiana Laws › Civil Code › Art. 1343. Partition sale; coheir's right to purchase hereditary portion.

Art. 1343. Partition sale; coheir's right to purchase hereditary portion.
Any coheir of age, at the sale of the hereditary effects, can become a purchaser to the amount of the portion owing to him from the succession, and he is not obliged to pay the surplus of the purchase money over the portion coming to him, until this portion has been definitely fixed by a partition.
2023 Louisiana Laws › Civil Code › Art. 1344. Partition sale; purchase of minor's hereditary portion by tutor or curator.

Art. 1344. Partition sale; purchase of minor's hereditary portion by tutor or curator.
The minor coheirs may also become purchasers of the hereditary effects, by the intervention of their tutors or curators, or by their assistance, if they have been specially authorized thereto by the judge, with the advice of the family meeting.
2023 Louisiana Laws › Civil Code › Art. 1345. Reference to recorder or notary for continuation of proceedings.

Art. 1345. Reference to recorder or notary for continuation of proceedings.
When the judge has ordered the partition, and regulated the manner in which it shall be made, as well as the collations, if the case require it, he shall refer the parties to the recorder of the parish or a notary appointed by him to continue the judicial partition to be made between them.
2023 Louisiana Laws › Civil Code › Art. 1346. Amicable continuation of proceedings by heirs.

Art. 1346. Amicable continuation of proceedings by heirs.
If the heirs who have instituted the suit for partition be of age and present, and the judge has fixed the mode of making it, whether in kind or otherwise, nothing shall prevent the heirs from continuing their partition amicably and in the manner they think proper.
2023 Louisiana Laws › Civil Code › Art. 1347. Notice to parties.

SECTION 4--HOW THE RECORDER OF THE PARISH OR THE
NOTARY IS BOUND TO PROCEED IN THE JUDICIAL PARTITION
Art. 1347. Notice to parties.
The officer appointed to make the partition is bound, within fifteen days at farthest from the notice of his appointment, to notify the heirs or their representatives, in writing, of the day, hour, and place in which he is to commence his work, sufficient time previous thereto, to enable them to attend, if they think proper.
2023 Louisiana Laws › Civil Code › Art. 1350. Items included in accounts.

Art. 1350. Items included in accounts.
The officer shall include in these accounts:
1. The sums which each of the coheirs owes to the deceased;
2. Those which each of the coheirs may have received or disbursed on account of the succession, whether for the payment of debts or for necessary and useful expenses on the effects of the succession;
3. Those which each of the coheirs may owe by reason of damages or injury, which have been caused by his fault to the effects of the succession.
2023 Louisiana Laws › Civil Code › Art. 1351. Deduction of donations not subject to collation.

Art. 1351. Deduction of donations not subject to collation.
The accounts being thus settled, the officer must deduct from the effects of the succession the things which have been bequeathed by the deceased, either to any of the coheirs beyond his portion when the collation is dispensed with, or to any other persons, as these things ought not be included in the mass of the effects to be divided.
2023 Louisiana Laws › Civil Code › Art. 1352. Court order as to mode of collation exhibited to officer

Art. 1352. Court order as to mode of collation exhibited to officer
If the partition is to be made between children or descendants inheriting from their father, mother or other ascendant, and a collation is to be made, the officer shall cause the decree of the judge to be exhibited to him, by which it is decided whether the collation is to be made in kind, or by taking less.
Acts 2004, No. 26, §1.
2023 Louisiana Laws › Civil Code › Art. 1354. Inclusion of value of property collated by taking less.

Art. 1354. Inclusion of value of property collated by taking less.
If, on the contrary, the collation is to be made by taking less, the officer shall add to the credit of the estate the sum due by the heir who is bound to make the collation, according to the appraisement which shall have been made by experts appointed by the judge, separately from the other articles of the succession,* in order that the other heirs may have a sum of money or some object equal to the estimated value of the property subject to collation.
* Note error in English translation of French text; "separately from the other articles of the succession" should be "in one of the articles of the active mass of the succession, but separately from the others."
2023 Louisiana Laws › Civil Code › Art. 1356. Composition of active mass.

Art. 1356. Composition of active mass.
This active mass shall be composed:
1. Of all the movables and immovables of the succession, which have not been sold, mention being made of their value, as stated in the inventory of the effects of the succession, or in the new appraisement which may have been made by experts appointed by the judge;
2. Of the price of the movables and immovables, which have been sold to effect the partition;
3. Of all the objects collated by the heirs, whether in kind or by taking less, in proportion to the appraised value given to them by the experts appointed by the judge;
4. Of all the sums, which the heirs may owe to the succession, according to the settled account;
5. Of all the debts due to the succession by other persons.
2023 Louisiana Laws › Civil Code › Art. 1359. Deductions allowed.

Art. 1359. Deductions allowed.
The deductions, which are to be made before the partition of a succession, consist:
1. Of the sums due to one or more of the heirs for a debt due them by the deceased, or advance [advances] made to the succession, or expenses on its effects, according to the account settled among the heirs;
2. Of the amount owing to the heirs to whom a collation is due, when the collation is made by taking less, in order that the heirs may receive a portion equal to the amount of the collation which is due;
3. Of the privileged debts due or paid on account of the succession, which have been incurred since the death of the deceased, or in order to effect the partition.
2023 Louisiana Laws › Civil Code › Art. 1360. Deductions in absence of collation or when collation is in kind.

Art. 1360. Deductions in absence of collation or when collation is in kind.
When the collations * have been made in kind, or when there is none to be made, the deductions are taken ** from the active mass of the succession, and the balance remaining forms the mass to be divided.
* English translation of French text incomplete; should include "if any are due."
** English translation of French text incomplete; should include "purely and simply."
2023 Louisiana Laws › Civil Code › Art. 1361. Deductions, when collation is by taking less.

Art. 1361. Deductions, when collation is by taking less.
But when the collation is made fictitiously and by taking less, the officer having formed the active mass of the succession, including the collation, deducts the sum at which the property collated is estimated, and on the mass thus reduced the deduction is made.
2023 Louisiana Laws › Civil Code › Art. 1362. Coheir's right to take succession effects in payment of collation.

Art. 1362. Coheir's right to take succession effects in payment of collation.
When the deduction which is to be made in favor of the heir to whom the collation is due, has been ascertained and established, according to * the preceding article, if there be among the effects of the succession any movables or immovables, which this heir wishes to take at the estimated value in payment of the amount of the collation due to him, he can take them at his choice, and the officer shall give them to him.**
* English translation of French text incomplete; should include "the operation mentioned in."
** English translation of French text incomplete; should include "to the amount of the collation due to him."
2023 Louisiana Laws › Civil Code › Art. 1363. Disagreement among heirs entitled to receive collation in property.

Art. 1363. Disagreement among heirs entitled to receive collation in property.
If there be two or more heirs, who have a right to receive the collation due to them in the property and effects of the succession, and they can not agree on the partition of the effects which they have thus chosen, the officer shall appoint experts to form allotments of these effects, for which the parties entitled to the collation shall draw lots, in the same manner as is hereafter prescribed for the formation and drawing of the lots of the definitive partition.
2023 Louisiana Laws › Civil Code › Art. 1364. Division into lots according to number of heirs or roots.

Art. 1364. Division into lots according to number of heirs or roots.
When the deductions have been made, and those to whom the collations were due have received them, as is said in the preceding article, the officer divides what remains into as many equal lots as there are heirs, or roots entitled to a share.
No subdivision of the lots thus formed need be made between the individual coproprietors claiming under the same root.
A partition thus made, even without a subdivision being made of the lots to which each root may be entitled, shall be a definitive partition.
Amended by Acts 1938, No. 407.
2023 Louisiana Laws › Civil Code › Art. 1365. Equality in formation of lots.

Art. 1365. Equality in formation of lots.
In the formation and composition of the lots, care must be taken to avoid as much as possible the cantling of tenements, and not to separate what is necessary for the same cultivation. And there ought to be included, if possible, in each lot, the same quantity of movables, immovables, rights and credits of the same nature and * value.
* Note error in English translation of French text; "and" should be "or."
2023 Louisiana Laws › Civil Code › Art. 1370. Subdivision among coheirs of same root.

Art. 1370. Subdivision among coheirs of same root.
The rules established for the division of estates to be partitioned, are equally applicable to the subdivisions to be made between the individual coproprietors claiming under the same root.*
* Note error in English translation of French text; "individual co-proprietors claiming under the same root" should be "roots participating."
2023 Louisiana Laws › Civil Code › Art. 1371. Coheirs' proportionate liability for succession debts.

Art. 1371. Coheirs' proportionate liability for succession debts.
No partition is made of the passive debts of the succession; each heir remains bound for the part he takes in the succession, but in order to equalize the shares, those heirs who take the largest allotments may be charged with the payment of a larger portion of the debts.
2023 Louisiana Laws › Civil Code › Art. 1373. Provisional partitions; persons authorized to demand new partition

Art. 1373. Provisional partitions; persons authorized to demand new partition
When the partition is only provisional, absent persons, minors, and persons interdicted may, if they find themselves injured thereby, demand that another be made, as provided by the section relative to the rescission of partitions.
A minor may institute this action, even before he attains the age of majority.
Amended by Acts 1979, No. 711, §1; Acts 1991, No. 107, §1.
2023 Louisiana Laws › Civil Code › Art. 1374. Arts. 1374 to 1377 Repealed by Acts 1960, No. 30, 2, eff. Jan. 1, 1961.

Art. 1374. Arts. 1374 to 1377 Repealed by Acts 1960, No. 30, §2, eff. Jan. 1, 1961.
2023 Louisiana Laws › Civil Code › Art. 1378. Errors of form, effect.

Art. 1378. Errors of form, effect.
The form in which the officer is directed to make the act of partition, as is above described, is not a matter of such strict law that nullity results from the act, in case of this officer making any change in the form; provided all the provisions of the law relating to the formation of the accounts between the parties, the deductions, the composition of the mass of the succession, the appointment and oaths of the experts and the making and drawing of the lots, have been observed in the partition, and the parties interested therein, or their representatives, have been duly notified to be present at the same.*
* English translation of French text incomplete; should include "if they saw fit."
2023 Louisiana Laws › Civil Code › Art. 1379. Delivery of property and title papers after partition.

Art. 1379. Delivery of property and title papers after partition.
After the partition, delivery must be made to each of the coheirs, of the title papers of the objects fallen to his share.
The title papers of a divided property remain in the possession of the heir who has the most considerable part of it, under the obligation of producing them, when required by the coproprietors of the other part of the property.
Titles common to the whole inheritance shall be delivered to the person chosen by all the heirs to be the depositary of them, on condition of producing them as often as required. If they should not agree on that choice, such deposit shall be made by the order of the judge.
2023 Louisiana Laws › Civil Code › Art. 1384. Reciprocal warranty against disturbance or eviction.

SECTION 6--OF THE WARRANTY OF PARTITION
Art. 1384. Reciprocal warranty against disturbance or eviction.
The coheirs remain respectively bound to warrant, one to the other, the property falling to each of their shares against the disturbance and eviction which they may suffer, * when the disturbance or eviction proceeds from a cause anterior to the partition.
* English translation of French text incomplete; should include "but only."
2023 Louisiana Laws › Civil Code › Art. 1388. Amount of indemnity.

Art. 1388. Amount of indemnity.
But the indemnity is only for the sum for which the object has been given by the partition to the heir who has suffered the eviction, and for the proportion which each of the heirs is bound to contribute, the amount of his own portion being extinguished by confusion; and the heir in this case has no right to claim remuneration from his coheirs for any damages which he may have suffered by the eviction.
2023 Louisiana Laws › Civil Code › Art. 1390. Scope of warranty as to corporeal and incorporeal things.

Art. 1390. Scope of warranty as to corporeal and incorporeal things.
Warranty between coheirs has two different effects, according to the two kinds of property which may exist in the succession:
One composed of things which corporeally exist, whether they be movable or immovable, with regard to which warranty goes no farther than assuring them to belong to the succession.
The other kind consists of active debts and other rights, and with respect to these, they are not only guaranteed as belonging to the succession, but also as being such as they appear to be; that is to say, as being really due to the succession, and due by debtors solvent at the time of the partition, and who shall be so when the debt becomes payable, if it be not then due.
2023 Louisiana Laws › Civil Code › Art. 1395. Tacit mortgage abolished.

Art. 1395. Tacit mortgage abolished.
The tacit mortgage which resulted from the partition for the execution of all the obligations contained therein, * no longer exists; but the heirs may stipulate a special mortgage.**
* English translation of French text incomplete; should include "or flowing therefrom."
** Note error in English translation of French text; "a special mortgage" should be "an express mortgage, if they see fit."
2023 Louisiana Laws › Civil Code › Art. 1396. Prescription of action of warranty.

Art. 1396. Prescription of action of warranty.
The action of warranty among coheirs is prescribed by five years, and the time commences to run, to wit: for the property included in the partition, from the day of the eviction; and for debts, from the day that the insolvency of the debtor is established by the discussion of his effects.
2023 Louisiana Laws › Civil Code › Art. 1399. Definitive partitions involving minors, interdicts, or absent persons

Art. 1399. Definitive partitions involving minors, interdicts, or absent persons
When partitions, in which minors, persons interdicted, or absent persons are interested, have been made with all the formalities prescribed by law for judicial partitions, they can not be rescinded for any other causes than those which would authorize the rescission of partitions made by persons of age and present.
Acts 1991, No. 107, §1.
2023 Louisiana Laws › Civil Code › Art. 1400. Provisional partitions involving minors, interdicts, or absent persons

Art. 1400. Provisional partitions involving minors, interdicts, or absent persons
But if these formalities have not been fulfilled, as the partition is only considered as provisional, it is not necessary to sue for the rescission of it, but a new partition may be demanded for the least lesion, which the minor, person interdicted, or absent person, may have suffered.
Acts 1991, No. 107, §1.
2023 Louisiana Laws › Civil Code › Art. 1402. Rescission of transactions effecting partition.

Art. 1402. Rescission of transactions effecting partition.
The action of the rescission mentioned in the foregoing articles takes place in the cases prescribed by law, not only against all acts bearing the title of partition, but even against all those which tend to the division of property between coheirs, whether such acts be called sales, exchanges, compromises, or by any other name.
2023 Louisiana Laws › Civil Code › Art. 1405. Sale of succession rights to coheir at risk of vendor, rescission inadmissible.

Art. 1405. Sale of succession rights to coheir at risk of vendor, rescission inadmissible.
The sale of successive rights by one heir to his coheir is not subject * to rescission, if the purchaser has run no risk; as, for example, if the vendor remains bound for the payment of the debts.
* Note error in English translation of French text; "is not subject" should be "is subject."
2023 Louisiana Laws › Civil Code › Art. 1406. Sale to coheir of immovable rights only, rescission for lesion.

Art. 1406. Sale to coheir of immovable rights only, rescission for lesion.
In order that the purchaser be not liable to this action, it is besides necessary that the vendor should have ceded to him all his successive rights, that is, all the rights he had in the succession. If he has only sold his part in the immovables to be divided, this sale shall be subject to rescission for lesion beyond a fourth.
2023 Louisiana Laws › Civil Code › Art. 1409. Amount of tender.

Art. 1409. Amount of tender.
When the defendant is admitted to prevent a new partition, as is said in the preceding article, if he furnishes the supplement in money, it must be with interest from the day of the institution of the suit; if he furnishes it in* effects, he is bound to restore the fruits from the same day.
* English translation of French text incomplete; should include "hereditary."
2023 Louisiana Laws › Civil Code › Art. 1410. Rescission for fraud or violence inadmissible after alienation.

Art. 1410. Rescission for fraud or violence inadmissible after alienation.
The coheir who has alienated his share or part of it, is no longer admitted to bring the action of rescission for fraud or violence, if the alienation he has made was posterior to the discovery of the fraud, or to the cessation of the violence.
2023 Louisiana Laws › Civil Code › Art. 1411. Rescission inadmissible against partition regulated by father.

Art. 1411. Rescission inadmissible against partition regulated by father.
If the partition has been regulated by the father among his children, no restitution can take place, even in favor of minors, when, by such partition, one or more of the heirs have received more than the others, unless that overplus should exceed the portion which the father had a right to dispose of.
2023 Louisiana Laws › Civil Code › Art. 1414. Prescription against minors after judicial partition.

Art. 1414. Prescription against minors after judicial partition.
This prescription, in case of lesion, runs against minors as well as against persons of age, when the partition * has been made judicially and with all the forms prescribed by law.
* English translation of French text incomplete; should include "in which the minors were interested."
2023 Louisiana Laws › Civil Code › Art. 1415. Estate debts; administrative expenses

CHAPTER 13. PAYMENT OF THE DEBTS
OF AN ESTATE
SECTION 1. GENERAL DISPOSITIONS INTRODUCTION
Art. 1415. Estate debts; administrative expenses
Estate debts are debts of the decedent and administration expenses. Debts of the decedent are obligations of the decedent or those that arise as a result of his death, such as the cost of his funeral and burial. Administration expenses are obligations incurred in the collection, preservation, management, and distribution of the estate of the decedent.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1416. Liability of universal successors to creditors

SECTION 2. RIGHTS OF CREDITORS
Art. 1416. Liability of universal successors to creditors
A. Universal successors are liable to creditors for the payment of the estate debts in proportion to the part which each has in the succession, but each is liable only to the extent of the value of the property received by him, valued as of the time of receipt.
B. A creditor has no action for payment of an estate debt against a universal successor who has not received property of the estate.
Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 824, §1.
2023 Louisiana Laws › Civil Code › Art. 1419. Rights of pursuit of creditor

Art. 1419. Rights of pursuit of creditor
When there is an administration and a creditor asserts and establishes his claim after payment has been made to other creditors or distribution of the estate in whole or in part has been made to successors pursuant to a court order, the claim of the creditor must be satisfied in the following order: first, from the assets remaining under administration in the estate; next, from the successors to whom distribution has been made; and then from unsecured creditors who received payments, in proportion to the amounts received by them, but in this event the creditor may not recover more than his share.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1420. Regulation of payment of debts by testament or by agreement among successors

SECTION 3. RESPONSIBILITY OF SUCCESSORS
AMONG THEMSELVES
Art. 1420. Regulation of payment of debts by testament or by agreement among successors
The provisions of this Section pertaining to responsibility of the successors among themselves for estate debts do not prevent that responsibility from being otherwise regulated by the testament or by agreement of the successors. Nevertheless, the rights of creditors of the estate cannot be impaired by the testament or by agreement among the successors.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1422. Debts attributable to identifiable or encumbered property

Art. 1422. Debts attributable to identifiable or encumbered property
Estate debts that are attributable to identifiable property or to the production of its fruits or products are charged to that property and its fruits and products. Also, when the decedent has encumbered property to secure a debt, the debt is presumptively charged to that property and its fruits and products. The presumption may be rebutted, by a preponderance of the evidence that the secured debt is not attributable to the encumbered property.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1423. Decedent's debts charged ratably

Art. 1423. Decedent's debts charged ratably
Debts of the decedent are charged ratably to property that is the object of general or universal legacies and to property that devolves by intestacy, valued as of the date of death. When such property does not suffice, the debts remaining are charged in the following order:
(1) Ratably to the fruits and products of property that is the object of general or universal legacies and of property that devolves by intestacy; and
(2) Ratably to the fruits and products of property that is the object of particular legacies, and then ratably to such property.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1424. Administration expenses, how charged

Art. 1424. Administration expenses, how charged
Administration expenses are charged ratably to the fruits and products of property that is the object of the general or universal legacies and property that devolves by intestacy. When the fruits and products do not suffice to discharge the administration expenses, the remaining expenses are charged first to the property itself, next to the fruits and products of property that is the object of particular legacies, and then to the property itself.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1425. Liability of successors for contribution or reimbursement

Art. 1425. Liability of successors for contribution or reimbursement
A successor who has not received property of the estate or its fruits and products, is not liable for contribution or reimbursement. A successor who has received property of the estate, or any of its fruits or products is not liable for contribution or reimbursement for an amount greater than the value of the property or fruits or products, received by him, valued as of the time of receipt.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1426. Classification of receipts and expenditures in absence of controlling dispositions

Art. 1426. Classification of receipts and expenditures in absence of controlling dispositions
In the absence of an express testamentary provision or applicable provision of law, receipts and expenditures are allocated in accordance with what is reasonable and equitable in view of the interests of the successors who are entitled to the fruits and products as well as the interests of the successors who are entitled to ownership of the property, and in view of the manner in which persons of ordinary prudence, discretion, and intelligence would act in the management of their own affairs.
The compensation of the succession representative and professional fees incurred after death, such as legal, accounting and appraisal fees, shall be allocated between debts of the decedent and administration expenses in accordance with the provisions of this Article.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1427. Reporting and deducting as authorized by tax law

Art. 1427. Reporting and deducting as authorized by tax law
Notwithstanding the provisions of this Chapter, for tax purposes the succession representative, or the successors if there is no representative, may report receipts and deduct expenditures as authorized by the tax law.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1428. Rights and obligations of usufructuary not superseded

Art. 1428. Rights and obligations of usufructuary not superseded
This Chapter does not supersede the provisions of this Code governing the rights and obligations of a usufructuary with respect to payment of estate debts.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1429. Rights and obligations of income interest in trust not superseded

Art. 1429. Rights and obligations of income interest in trust not superseded
This Chapter does not supersede the provisions of the Trust Code governing the rights and obligations of an income interest in trust with respect to payment of estate debts.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1467. Methods of acquiring or disposing gratuitously

TITLE II. DONATIONS
CHAPTER 1. GENERAL DISPOSITIONS
Art. 1467. Methods of acquiring or disposing gratuitously
Property can neither be acquired nor disposed of gratuitously except by donations inter vivos or mortis causa, made in one of the forms hereafter established.
Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1468. Donations inter vivos; definition

Art. 1468. Donations inter vivos; definition
A donation inter vivos is a contract by which a person, called the donor, gratuitously divests himself, at present and irrevocably, of the thing given in favor of another, called the donee, who accepts it.
Amended by Acts 1871, No. 87; Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1469. Donation mortis causa; definition

Art. 1469. Donation mortis causa; definition
A donation mortis causa is an act to take effect at the death of the donor by which he disposes of the whole or a part of his property. A donation mortis causa is revocable during the lifetime of the donor.
Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1470. Persons capable of giving or receiving

CHAPTER 2. OF THE CAPACITY NECESSARY FOR DISPOSING
AND RECEIVING BY DONATION INTER VIVOS
OR MORTIS CAUSA
Art. 1470. Persons capable of giving or receiving
All persons have capacity to make and receive donations inter vivos and mortis causa, except as expressly provided by law.
Acts 1991, No. 363, §1.
2023 Louisiana Laws › Civil Code › Art. 1474. Unborn children, capacity to receive

Art. 1474. Unborn children, capacity to receive
To be capable of receiving by donation inter vivos, an unborn child must be in utero at the time the donation is made. To be capable of receiving by donation mortis causa, an unborn child must be in utero at the time of the death of the testator. In either case, the donation has effect only if the child is born alive.
Acts 1991, No. 363, §1.
2023 Louisiana Laws › Civil Code › Art. 1476. Minors; incapacity to make donations, exceptions

Art. 1476. Minors; incapacity to make donations, exceptions
A minor under the age of sixteen years does not have capacity to make a donation either inter vivos or mortis causa, except in favor of his spouse or children.
A minor who has attained the age of sixteen years has capacity to make a donation, but only mortis causa. He may make a donation inter vivos in favor of his spouse or children.
Acts 1991, No. 363, §1.
2023 Louisiana Laws › Civil Code › Art. 1479. Nullity of donation procured through undue influence

Art. 1479. Nullity of donation procured through undue influence
A donation inter vivos or mortis causa shall be declared null upon proof that it is the product of influence by the donee or another person that so impaired the volition of the donor as to substitute the volition of the donee or other person for the volition of the donor.
Acts 1991, No. 363, §1.
2023 Louisiana Laws › Civil Code › Art. 1480. Nullity due to fraud, duress, or undue influence; severability of valid provision

Art. 1480. Nullity due to fraud, duress, or undue influence; severability of valid provision
When a donation inter vivos or mortis causa is declared null because of undue influence or because of fraud or duress, it is not necessary that the entire act of donation or testament be nullified. If any provision contained in it is not the product of such means, that provision shall be given effect, unless it is otherwise invalid.
Acts 1991, No. 363, §1.
2023 Louisiana Laws › Civil Code › Art. 1481. Fiduciary appointment, termination

Art. 1481. Fiduciary appointment, termination
Any person who, whether alone or with others, commits fraud or exercises duress or unduly influences a donor within the meaning of the preceding Articles, or whose appointment is procured by such means, shall not be permitted to serve or continue to serve as an executor, trustee, attorney or other fiduciary pursuant to a designation as such in the act of donation or the testament or any amendments or codicils thereto.
Acts 1991, No. 363, §1.
2023 Louisiana Laws › Civil Code › Art. 1482. Proof of incapacity to donate

Art. 1482. Proof of incapacity to donate
A. A person who challenges the capacity of a donor must prove by clear and convincing evidence that the donor lacked capacity at the time the donor made the donation
inter vivos
or executed the testament.
B. A full interdict lacks capacity to make or revoke a donation
inter vivos
or disposition
mortis causa
.
C. A limited interdict, with respect to property under the authority of the curator, lacks capacity to make or revoke a donation
inter vivos
and is presumed to lack capacity to make or revoke a disposition
mortis causa
. With respect to his other property, the limited interdict is presumed to have capacity to make or revoke a donation
inter vivos
or disposition
mortis causa
. These presumptions may be rebutted by a preponderance of the evidence.
Acts 1991, No. 363, §1; Acts 2000, 1st Ex. Sess., No. 25, §2, eff. July 1, 2001; Acts 2001, No. 509, §2, eff. June 1, 2001; Acts 2003, No. 1008, §1.
2023 Louisiana Laws › Civil Code › Art. 1483. Proof of fraud, duress, or undue influence

Art. 1483. Proof of fraud, duress, or undue influence
A person who challenges a donation because of fraud, duress, or undue influence, must prove it by clear and convincing evidence. However, if, at the time the donation was made or the testament executed, a relationship of confidence existed between the donor and the wrongdoer and the wrongdoer was not then related to the donor by affinity, consanguinity or adoption, the person who challenges the donation need only prove the fraud, duress, or undue influence by a preponderance of the evidence.
Acts 1991, No. 363, §1.
2023 Louisiana Laws › Civil Code › Art. 1484. Interpretation of revocation or modification

Art. 1484. Interpretation of revocation or modification
The rules contained in the foregoing articles also apply to the revocation of a legacy or testament, to the modification of a testamentary provision, and to any other modification of succession rights.
Acts 2001, No. 560, §1, eff. June 22, 2001.
2023 Louisiana Laws › Civil Code › Art. 1493. Forced heirs; representation of forced heirs

CHAPTER 3. THE DISPOSABLE PORTION AND ITS
REDUCTION IN CASE OF EXCESS
Art. 1493. Forced heirs; representation of forced heirs
A. Forced heirs are descendants of the first degree who, at the time of the death of the decedent, are twenty-three years of age or younger or descendants of the first degree of any age who, because of mental incapacity or physical infirmity, are permanently incapable of taking care of their persons or administering their estates at the time of the death of the decedent.
B. When a descendant of the first degree predeceases the decedent, representation takes place for purposes of forced heirship only if the descendant of the first degree would have been twenty-three years of age or younger at the time of the decedent's death.
C. However, when a descendant of the first degree predeceases the decedent, representation takes place in favor of any child of the descendant of the first degree, if the child of the descendant of the first degree, because of mental incapacity or physical infirmity, is permanently incapable of taking care of his or her person or administering his or her estate at the time of the decedent's death, regardless of the age of the descendant of the first degree at the time of the decedent's death.
D. For purposes of this Article, a person is twenty-three years of age or younger until he attains the age of twenty-four years.
E. For purposes of this Article "permanently incapable of taking care of their persons or administering their estates at the time of the death of the decedent" shall include descendants who, at the time of death of the decedent, have, according to medical documentation, an inherited, incurable disease or condition that may render them incapable of caring for their persons or administering their estates in the future.
Amended by Acts 1981, No. 884, §1, eff. Jan. 1, 1982; Acts 1989, No. 788, §1, eff. July 1, 1990; Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996; Acts 1996, 1st Ex. Sess., No. 77, §1; Acts 2003, No. 1207, §2.
2023 Louisiana Laws › Civil Code › Art. 1493.1. Children conceived through donation of gametes

Art. 1493.1. Children conceived through donation of gametes
Any child conceived from the use of gametes donated by an individual shall not be deemed a forced heir of that individual, unless the individual would be an ascendant of first or second degree notwithstanding the donation of genetic material through an in vitro fertilization process.
Acts 2016, No. 495, §1.
2023 Louisiana Laws › Civil Code › Art. 1494. Forced heir entitled to legitime; exception

Art. 1494. Forced heir entitled to legitime; exception
A forced heir may not be deprived of the portion of the decedent's estate reserved to him by law, called the legitime, unless the decedent has just cause to disinherit him.
Acts 1995, No. 1180, §1, eff. Jan. 1, 1996; Acts 1996, 1st Ex. Sess., No. 77, §1.
2023 Louisiana Laws › Civil Code › Art. 1495. Amount of forced portion and disposable portion

Art. 1495. Amount of forced portion and disposable portion
Donations
inter vivos
and
mortis causa
may not exceed three-fourths of the property of the donor if he leaves, at his death, one forced heir, and one-half if he leaves, at his death, two or more forced heirs. The portion reserved for the forced heirs is called the forced portion and the remainder is called the disposable portion.
Amended by Acts 1981, No. 442, §1, eff. Jan. 1, 1982; Acts 1989, No. 788, §1, eff. July 1, 1990; Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996; Acts 1996, 1st Ex. Sess., No. 77, §1; Acts 2020, No. 19, §1.
2023 Louisiana Laws › Civil Code › Art. 1495.1. Calculation of the legitime

Art. 1495.1. Calculation of the legitime
To determine the legitime of a forced heir when all forced heirs are of the first degree, the division of the forced portion is made by heads.
When representation occurs for purposes of forced heirship, the division is made by roots among those qualifying as forced heirs or being represented. Within each root, any subdivision is also made by roots in each branch, with those qualifying as forced heirs by representation taking by heads.
Nevertheless, if the fraction that would otherwise be used to calculate the legitime is greater than the fraction of the decedent's estate to which the forced heir would succeed by intestacy, then the legitime shall be calculated by using the fraction of an intestate successor.
Acts 2020, No. 19, §1.
2023 Louisiana Laws › Civil Code › Art. 1496. Permissible burdens on legitime

Art. 1496. Permissible burdens on legitime
No charges, conditions, or burdens may be imposed on the legitime except those expressly authorized by law, such as a usufruct in favor of a surviving spouse or the placing of the legitime in trust.
Amended by Acts 1981, No. 442, §1, eff. Jan. 1, 1982; Acts 1989, No. 788, §1, eff. July 1, 1990; Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996; Acts 1996, 1st Ex. Sess., No. 77, §1.
2023 Louisiana Laws › Civil Code › Art. 1497. Disposable portion in absence of forced heirs

Art. 1497. Disposable portion in absence of forced heirs
If there is no forced heir, donations
inter vivos
and
mortis causa
may be made to the whole amount of the property of the donor, saving the reservation made hereafter.
Amended by Acts 1982, No. 641, §1; Acts 1985, No. 522, §1; Acts 1996, 1st Ex. Sess., No. 77, §1.
2023 Louisiana Laws › Civil Code › Art. 1498. Nullity of donation inter vivos of entire patrimony

Art. 1498. Nullity of donation
inter vivos
of entire patrimony
The donation
inter vivos
shall in no case divest the donor of all his property; he must reserve to himself enough for subsistence. If he does not do so, a donation of a movable is null for the whole, and a donation of an immovable is null for the whole unless the donee has alienated the immovable by onerous title, in which case the donation of such immovable shall not be declared null on the ground that the donor did not reserve to himself enough for his subsistence, but the donee is bound to return the value that the immovable had at the time that the donee received it. If the donee has created a real right by onerous title in the immovable given to him, or such right has been created by operation of law since the donee received the immovable, the donation is null for the whole and the donor may claim the immovable in the hands of the donee, but the property remains subject to the real right that has been created. In such a case, the donee and his successors by gratuitous title are accountable for the resulting diminution of the value of the property.
Amended by Acts 1981, No. 645, §1; Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996; Acts 1996, 1st Ex. Sess., No. 77, §1.
2023 Louisiana Laws › Civil Code › Art. 1499. Usufruct to surviving spouse

Art. 1499. Usufruct to surviving spouse
The decedent may grant a usufruct to the surviving spouse over all or part of his property, including the forced portion, and may grant the usufructuary the power to dispose of nonconsumables as provided in the law of usufruct. The usufruct shall be for life unless expressly designated for a shorter period, and shall not require security except as expressly declared by the decedent or as permitted when the legitime is affected.
A usufruct over the legitime in favor of the surviving spouse is a permissible burden that does not impinge upon the legitime, whether it affects community property or separate property, whether it is for life or a shorter period, whether or not the forced heir is a descendant of the surviving spouse, and whether or not the usufructuary has the power to dispose of nonconsumables.
Acts 1996, 1st Ex. Sess., No. 77, §1; Acts 2003, No. 548, §1.
NOTE: Section 2 of Acts 2003, No. 548, provides that the provisions of the Act are interpretive, procedural, and remedial and apply to testaments executed on or after June 18, 1996.