reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Code of Civil Procedure › Art. 3362. Prior to homologation of final tableau of distribution

Art. 3362. Prior to homologation of final tableau of distribution
At any time prior to the homologation of the final tableau of distribution, a majority of the heirs of an intestate decedent whose succession is under administration may be sent into possession of all or part of the property of the succession upon their filing a petition for possession as provided in Articles 3001 through 3008 excluding any provisions of Article 3004 to the contrary, except that the proceeding shall be contradictory with the administrator. Upon the filing of such a petition the court shall order the administrator to show cause why the petitioners should not be sent into possession, and shall order that the petitioners be sent into possession unless the administrator or any heir shows that irreparable injury would result, and upon a showing that adequate assets will be retained in the succession to pay all claims, charges, debts, and obligations of the succession. If a majority of the heirs are sent into possession of a part of the property, the administrator shall continue to administer the remainder.
Acts 1986, No. 209, §1; Acts 1997, No. 1421, §3, eff. July 1, 1999.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3371. After homologation of final tableau of distribution

SECTION 2. TESTATE SUCCESSION
Art. 3371. After homologation of final tableau of distribution
A. At any time after the homologation of the final tableau of distribution, a legatee or an heir may file a petition to be sent into possession, alleging the facts showing that he is a legatee or an heir. Upon the filing of such a petition, the court shall order the executor to show cause why the petitioner should not be sent into possession.
B. Evidence of the allegations in the petition for possession showing that the petitioner is a legatee or an heir shall be submitted to the court as provided by Articles 2821 through 2823.
Acts 1997, No. 1421, §3, eff. July 1, 1999.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3372. Prior to homologation of final tableau of distribution

Art. 3372. Prior to homologation of final tableau of distribution
At any time prior to the homologation of the final tableau of distribution, the legatees in a testate succession may be sent into possession of all or part of their respective legacies upon filing a petition for possession as provided in Articles 3031 through 3035, except that the proceeding shall be contradictory with the executor. Upon the filing of such a petition, the court shall order the executor to show cause why the legatees should not be sent into possession. If the legatees are sent into possession of a part of their respective legacies, the executor shall continue to administer the remainder.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3391. Discharge of succession representative

CHAPTER 12. DISCHARGE OF SUCCESSION REPRESENTATIVE
Art. 3391. Discharge of succession representative
After homologation of the final account, or upon proof that the heirs have waived a final account, the succession representative may petition for discharge.
Upon the filing of receipts or other evidence satisfactory to the court, showing that the creditors have been paid and that the balance of the property in the possession of the succession representative has been distributed to the heirs and legatees, the court shall render a judgment discharging the succession representative and cancelling his bond.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3393. Reopening of succession

Art. 3393. Reopening of succession
A. After a succession representative has been discharged, if other property of the succession is discovered or for any other proper cause, upon the petition of any interested person, the court, without notice or upon such notice as it may direct, may order that the succession be reopened. The court may reappoint the succession representative or appoint another succession representative. The procedure provided by this Code for an original administration shall apply to the administration of a reopened succession in so far as applicable.
B. After formal or informal acceptance by the heirs or legatees or rendition of a judgment of possession by a court of competent jurisdiction, if other property is discovered, or for any other proper cause, upon the petition of any interested person, the court, without notice or upon such notice as it may direct, may order that the succession be opened or reopened, as the case may be, regardless of whether or not, theretofore, any succession proceedings had been filed in court. The court may appoint or reappoint the succession representative, if any, or may appoint another, or new, succession representative. The procedure provided by this Code, for an original administration, shall apply to the administration of successions formally or informally accepted by heirs or legatees and in successions where a judgment of possession has been rendered, in so far as same is applicable.
C. The reopening of a succession shall in no way adversely affect or cause loss to any bank, savings and loan association or other person, firm or corporation, who has in good faith acted in accordance with any order or judgment of a court of competent jurisdiction in any previous succession proceedings.
Amended by Acts 1970, No. 644, §1; Acts 1997, No. 1421, §3, eff. July 1, 1999.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3394. Refusal or inability to accept funds; deposit in bank

Art. 3394. Refusal or inability to accept funds; deposit in bank
A. When an heir, legatee, or creditor is unwilling or unable to accept and receipt for the amount due him, on contradictory motion against the heir, legatee, or creditor the court may order that the succession representative deposit in a state or national bank or in the registry of the court to the credit of the person entitled thereto the amount due him.
B. A receipt showing the deposit shall be sufficient in the discharge of the succession representative to the same extent as though distribution to the person entitled thereto had been made.
Acts 1997, No. 1421, §3, eff. July 1, 1999.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3396. Definitions

CHAPTER 13. INDEPENDENT ADMINISTRATION OF ESTATES
Art. 3396. Definitions
In this Chapter:
(1) "Independent administration" means the administration of an estate in accordance with the provisions of this Chapter.
(2) "Independent administrator" means the succession representative authorized by the court to administer a succession in accordance with the provisions of this Chapter. The term "independent administrator" means and includes "independent executor".
(3) "Independent executor" means and includes an independent administrator.
(4) "Letters of independent administration" means letters testamentary or letters of administration that signify that the administration of a succession by the designated succession representative is authorized pursuant to the provisions of this Chapter. The term "letters of independent administration" includes "letters of independent executorship", and the term "letters of independent executorship" includes "letters of independent administration". Such letters have the same force and effect as letters of administration or letters testamentary in a succession that is administered in accordance with the other provisions of this Book.
Acts 2001, No. 974, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3396.1. Scope

Art. 3396.1. Scope
Upon qualification of a succession representative and compliance with the provisions of this Chapter, the clerk shall issue letters of independent administration or letters of independent executorship, as appropriate, certifying that the independent administrator has been duly qualified.
Acts 2001, No. 974, §1; Acts 2020, No. 107, §1, eff. June 9, 2020.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3396.2. Provision for independent administration by testator

Art. 3396.2. Provision for independent administration by testator
A. When a testament provides for independent administration of an estate, the court shall enter an appropriate order granting independent administration of the estate.
B. A statement in a testament to the effect that the succession representative may act as an "independent administrator" or "independent executor" is sufficient to constitute authorization for independent administration of an estate.
Acts 2001, No. 974, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3396.3. Designation of executor but failure to provide for independent administration by testator

Art. 3396.3. Designation of executor but failure to provide for independent administration by testator
When a decedent dies testate and his testament designates an executor, but his testament does not provide for independent administration of the estate as provided in this Chapter, all of the general or universal legatees of the decedent may agree to have an independent administration and in the application for filing for probate of the decedent's testament, or thereafter, collectively designate the person named in the testament to serve as independent executor. In such case, the court shall enter an order granting independent administration and appointing the person designated in the application as independent executor.
Acts 2001, No. 974, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3396.4. Failure to designate an executor

Art. 3396.4. Failure to designate an executor
When the decedent dies testate but his testament fails to designate an executor, or the person designated is unwilling or unable to serve, all of the general or universal legatees of the decedent may agree on the advisability of having an independent administration and collectively designate a qualified person to serve as dative independent executor. In such case, the court shall enter an order granting independent administration and appointing the person designated in the application as dative independent executor.
Acts 2001, No. 974, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3396.5. Independent administration when decedent dies intestate

Art. 3396.5. Independent administration when decedent dies intestate
When a decedent dies intestate, all of the intestate successors may agree on the advisability of having an independent administration and collectively designate, in the application for administration of the decedent's estate, or thereafter, a qualified person to serve as independent administrator. In such case, the court shall enter an order granting independent administration and appointing the person designated in the application as independent administrator.
Acts 2001, No. 974, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3396.6. Independent administration when estate is part testate, part intestate

Art. 3396.6. Independent administration when estate is part testate, part intestate
When a decedent dies partially testate and partially intestate, all of the successors whose concurrence is required in Articles 3396.3, 3396.4, and 3396.5 must concur in the request for independent administration of the estate, and in the designation of the person to serve as independent administrator.
Acts 2001, No. 974, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3396.7. Trusteeships

Art. 3396.7. Trusteeships
If a trust is created in the testament or a trustee is a legatee, and if concurrence in having an independent administration is required, the trustee shall be deemed to be the legatee authorized to consent to independent administration on behalf of the trust.
Acts 2001, No. 974, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3396.9. Interdict or unemancipated minor

Art. 3396.9. Interdict or unemancipated minor
A. If a successor whose concurrence is required is an unemancipated minor, the concurrence may be made on his behalf by the administrator of his estate or his natural tutor, as appropriate, without the need for a formal tutorship proceeding or concurrence of an undertutor.
B. If a successor whose concurrence is required is an interdict, the concurrence may be made on his behalf by the curator without the need for court authorization in the interdiction proceeding or concurrence of the undercurator.
Acts 2001, No. 974, §1; Acts 2016, No. 86, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3396.10. Survivorship

Art. 3396.10. Survivorship
If the testament contains a provision that a legatee must survive the decedent by a prescribed period of time in order to take under the testament, the legatee living at the time of filing of the application for independent administration shall be the legatee authorized to consent to independent administration.
Acts 2001, No. 974, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3396.11. Possibility of renunciation

Art. 3396.11. Possibility of renunciation
A. The subsequent renunciation of an heir or legatee who has consented to an independent administration shall have no effect on the validity of the independent administration, and the consent of those persons who receive an interest in the succession by reason of the renunciation is not required.
B. A successor who concurs in the application for independent administration of an estate shall not be considered, for that reason, as having formally or informally accepted the succession.
Acts 2001, No. 974, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3396.12. Death of successor

Art. 3396.12. Death of successor
If a successor dies before the filing of an application for independent administration and the share of the successor is transmitted to his estate, then the deceased successor's universal successors, or the succession representative if one has qualified as such, may sign the application for independent administration of the decedent's estate.
Acts 2001, No. 974, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3396.13. Testamentary prohibition of independent administration

Art. 3396.13. Testamentary prohibition of independent administration
A testator may expressly provide that no independent administration of his estate may be allowed. In such case, his estate, if administered, shall be administered in accordance with the other provisions of Book VI.
Acts 2001, No. 974, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3396.14. Security of independent administrator

Art. 3396.14. Security of independent administrator
Except where the testament provides otherwise, an independent administrator shall not be required to provide security for the administration of the estate. If an interested person, such as an heir, legatee, or creditor of the estate requests security, then upon application by such party, and after a contradictory hearing, the court may order the independent administrator to furnish security as the court determines to be adequate.
Acts 2001, No. 974, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3396.15. Rights, powers, and duties; performance without court authority

Art. 3396.15. Rights, powers, and duties; performance without court authority
Except as expressly provided otherwise in this Chapter, an independent administrator shall have all the rights, powers, authorities, privileges, and duties of a succession representative provided in Chapters 4 through 12 of this Title, but without the necessity of delay for objection, or application to, or any action in or by, the court.
Acts 2001, No. 974, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3396.17. Accounting

Art. 3396.17. Accounting
An independent administrator is not required to file an interim accounting. Nevertheless, any person interested in the estate may demand an annual accounting from the independent administrator as provided in Article 3331. Further, the court on application of any interested person may require an independent administrator to furnish accountings at more frequent intervals.
Acts 2001, No. 974, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3396.18. Inventory or sworn descriptive list

Art. 3396.18. Inventory or sworn descriptive list
A. Before the succession can be closed, a judgment of possession rendered, and the independent administrator discharged, there shall be filed an inventory or sworn detailed descriptive list of assets and liabilities of the estate verified by the independent administrator.
B. The detailed descriptive list shall be sealed upon the request of an independent administrator, heir, or legatee.
C. If the detailed descriptive list is sealed, a copy shall be provided to the decedent's universal successors and surviving spouse. Upon motion of any successor, surviving spouse, or creditor of the estate, the court may furnish relevant information contained in the detailed descriptive list regarding assets and liabilities of the estate.
Acts 2001, No. 974, §1; Acts 2010, No. 175, §1; Acts 2017, No. 198, §1; Acts 2020, No. 19, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3396.19. Final account

Art. 3396.19. Final account
Unless the heirs and legatees waive a final accounting, the independent administrator shall file a final account with the court. After homologation of that account, the court shall enter an order discharging the succession representative. The final account shall be served in accordance with Chapter 9 of Title III of Book VI.
Acts 2001, No. 974, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3396.20. Removal of succession representative and termination of independent administration

Art. 3396.20. Removal of succession representative and termination of independent administration
The court on motion of any interested person, after a contradictory hearing, may remove an independent administrator for any of the reasons provided in Book VI for which a succession representative may be removed from office. In addition, the court on motion of any interested person, after a contradictory hearing, may for good cause order that the letters of independent administration be withdrawn and that the succession thereafter be administered under the procedures set forth elsewhere in Book VI, other than those contained in this Chapter.
Acts 2001, No. 974, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3401. Jurisdiction; procedure

TITLE IV
ANCILLARY PROBATE PROCEDURE
Art. 3401. Jurisdiction; procedure
When a nonresident dies leaving property situated in this state, a succession proceeding may be instituted in a court of competent jurisdiction in accordance with Article 2811.
Except as otherwise provided in this Title, the procedure in such a succession shall be the same as provided by law for the succession of a Louisiana domiciliary.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3402. Foreign representative; qualification

Art. 3402. Foreign representative; qualification
A succession representative appointed by a court outside Louisiana may act with respect to property situated in Louisiana only after qualifying in a court of competent jurisdiction in Louisiana. He shall furnish bond upon the application of any interested person for good cause shown in the same amount as an administrator, even though in the case of a testamentary succession the testament dispenses with bond.
After such qualification the succession representative may exercise all of the rights and privileges of and has the same obligation as a succession representative originally qualified in Louisiana.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3404. Priority in appointment

Art. 3404. Priority in appointment
When a succession representative has been appointed by a court of the decedent's domicile outside Louisiana, priority shall be given to him in the appointment of a representative in Louisiana, unless he is disqualified under Article 3097. Otherwise, priority shall be given in the appointment of a representative as provided in Article 3098.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3421. Small successions defined

TITLE V
SMALL SUCCESSIONS
CHAPTER 1. GENERAL DISPOSITIONS
Art. 3421. Small successions defined
A. A small succession, within the meaning of this Title, is the succession or the ancillary succession of a person who at any time has died and the decedent's property in Louisiana has a gross value of one hundred twenty-five thousand dollars or less valued as of the date of death or, if the date of death occurred at least twenty years prior to the date of filing of a small succession affidavit as authorized in this Title, leaving property in Louisiana of any value.
B. A small succession shall also include a succession of a person who has died testate, leaving no immovable property, and probate of the testament of the deceased would have the same effect as if the deceased had died intestate.
Amended by Acts 1976, No. 187, §1, eff. Jan. 1, 1977; Acts 1979, No. 71, §1, eff. Jan. 1, 1980; Acts 1980, No. 582, §1; Acts 2009, No. 81, §1, eff. June 18, 2009; Acts 2011, No. 323, §1, eff. June 29, 2011; Acts 2012, No. 618, §1, eff. June 7, 2012; Acts 2017, No. 96, §1; Acts 2020, No. 173, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3422. Court costs; compensation

Art. 3422. Court costs; compensation
In judicial proceedings under this Title, the following schedule of costs, compensation, and fees shall prevail:
(1) Court costs for successions valued less than one hundred twenty-five thousand dollars shall be one-half the court costs in similar proceedings in larger successions, but the minimum costs in any case shall be five dollars; and
(2) The compensation of the succession representative shall be not more than five percent of the gross assets of the succession.
Acts 2017, No. 96, §1; Acts 2018, No. 422, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3422.1. Small succession immovable property damaged by disaster or catastrophe

Art. 3422.1. Small succession immovable property damaged by disaster or catastrophe
A. The provisions of this Article shall apply to immovable property, subject to a small succession proceeding, that is damaged by a disaster or catastrophe for which a declaration of emergency or federal declaration of disaster or emergency was issued.
B. In the absence of a written agreement between co-owners for the use and management of such immovable recorded in the mortgage records for the parish in which the immovable is situated, any public entity or agent of such entity may conclusively presume that a co-owner in possession of the immovable for more than one year has been appointed by all co-owners to manage, administer, repair, reconstruct, and restore the immovable, and to receive, disburse and account for funds given to him by the public entity solely for the purposes of such repair, reconstruction, and restoration.
C. The power of the managing co-owner shall include the power to execute mortgages to secure funds not exceeding the amount necessary to repair, reconstruct, and restore the immovable, and also to encumber the immovable with such restrictions as may be required by the public entity, without the need to obtain the concurrence of all co-owners.
D. Possession of the immovable by the managing co-owner shall continue during any period the managing co-owner has been forced to leave the immovable due to fire, hurricane, flood, or other disaster or catastrophe.
E. The management of the immovable by the co-owner shall be subject to the laws of negotiorum gestio and mandate applicable to co-owners. However, the provisions of this Article shall control to the extent of any conflict.
F. It is the intent of the legislature that the provisions of this Article be liberally construed to allow the maximum possible repair, reconstruction, and restoration of immovable property in this state, subject to a small succession proceeding, that has been damaged by disaster or catastrophe.
G. Repealed by Acts 2012, No. 618, §2, eff. June 7, 2012.
Acts 2011, No. 323, §1, eff. June 29, 2011; Acts 2012, No. 618, §2, eff. June 7, 2012.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3431. Small successions; judicial opening unnecessary

CHAPTER 2. WHEN JUDICIAL PROCEEDINGS UNNECESSARY
Art. 3431. Small successions; judicial opening unnecessary
A. It shall not be necessary to open judicially the small succession of a person domiciled in Louisiana who died intestate or testate as provided by Article 3421(B), or domiciled outside of Louisiana who died intestate or whose testament has been probated by court order of another state, and whose sole heirs are the following:
(1) His descendants.
(2) His ascendants.
(3) His brothers or sisters, or descendants thereof.
(4) His surviving spouse.
(5) His legatees under a testament.
B. Any person appointed as public administrator by the governor may use the affidavit procedure of this Chapter to take possession of the estate of the deceased for transmittal to the state provided there is no surviving spouse or other heir present or represented in the state, and provided he has advertised one time in the official journal of the parish where a succession would have been opened under Article 2811, and verifies that he has received no notice of opposition.
C. The legal notice required in Paragraph B of this Article shall read as follows:
"Notice is hereby given to any heirs or creditors of __________ that _________, Public Administrator for the parish of _______________, intends to administer the intestate succession of __________________, under the provisions of Small Successions as set forth in Chapter 2 of Title V of Book VI of the Code of Civil Procedure.
Anyone having an objection to such administration of the succession should notify ________________ at _________________________________."
D. Repealed by Acts 2011, No. 323, §2, eff. June 29, 2011.
Amended by Acts 1984, No. 623, §1, eff. July 12, 1984; Acts 1990, No. 701, §1; Acts 1995, No. 111, §1; Acts 2006, No. 257, §1, eff. June 8, 2006; Acts 2009, No. 81, §1, eff. June 18, 2009; Acts 2011, No. 323, §§1, 2, eff. June 29, 2011; Acts 2012, No. 618, §1, eff. June 7, 2012; Acts 2020, No. 173, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3432. Affidavit for small succession; contents

Art. 3432. Affidavit for small succession; contents
A. When it is not necessary under the provisions of Article 3431 to open judicially a small succession, at least two persons, including the surviving spouse, if any, and one or more competent major heirs of the deceased, may execute one or more multiple originals of an affidavit, duly sworn before any officer or person authorized to administer oaths in the place where the affidavit is executed, setting forth:
(1) The date of death of the deceased, and his domicile at the time thereof;
(2) The fact that the deceased died intestate;
(3) The marital status of the deceased, the location of the last residence of the deceased, and the name of the surviving spouse, if any, and the surviving spouse's address, domicile, and location of last residence;
(4) The names and last known addresses of the heirs of the deceased, their relationship to the deceased, and the statement that an heir not signing the affidavit (a) cannot be located after the exercise of reasonable diligence, or (b) was given ten days notice by U.S. mail of the affiants' intent to execute an affidavit for small succession and did not object;
(5) A description of the property left by the deceased, including whether the property is community or separate, and which in the case of immovable property must be sufficient to identify the property for purposes of transfer;
(6) A showing of the value of each item of property, and the aggregate value of all such property, at the time of the death of the deceased;
(7) A statement describing the respective interests in the property which each heir has inherited and whether a legal usufruct of the surviving spouse attaches to the property;
(8) An affirmation that, by signing the affidavit, the affiant, if an heir, has accepted the succession of the deceased; and
(9) An affirmation that, by signing the affidavit, the affiants swear under penalty of perjury that the information contained in the affidavit is true, correct and complete to the best of their knowledge, information, and belief.
B. If the deceased had no surviving spouse, the affidavit must be signed by at least two heirs. If the deceased had no surviving spouse and only one heir, the affidavit must also be signed by a second person who has actual knowledge of the matters stated therein.
C. In addition to the powers of a natural tutor otherwise provided by law, a natural tutor may also execute the affidavit on behalf of a minor child without the necessity of filing a petition pursuant to Article 4061.
Amended by Acts 1974, No. 524, §1; Acts 2009, No. 81, §1, eff. June 18, 2009; Acts 2011, No. 323, §1, eff. June 29, 2011; Acts 2012, No. 618, §§1, 2, eff. June 7, 2012.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3432.1. Affidavit for small succession for a person domiciled outside of Louisiana who died testate; contents

Art. 3432.1. Affidavit for small succession for a person who died testate; contents
A. When it is not necessary under the provisions of Article 3431 to open judicially a small succession, at least two persons, including the surviving spouse, if any, and one or more competent legatees of the deceased, may execute one or more multiple originals of an affidavit, duly sworn before any officer or person authorized to administer oaths in the place where the affidavit is executed, setting forth all of the following:
(1) The date of death of the deceased, and his domicile at the time thereof.
(2) The fact that the deceased died testate.
(3) The marital status of the deceased, the location of the last residence of the deceased, and the name of the surviving spouse, if any, and the surviving spouse's address, domicile, and location of last residence, together with the names and last known addresses of the legal heirs of the deceased, and identifying those of the legal heirs who are also forced heirs of the deceased.
(4) The names and last known addresses of the legatees of the deceased, and the statement that a legatee not signing the affidavit was given ten days notice by U.S. mail of the affiants' intent to execute an affidavit for small succession and did not object.
(5) A description of the property left by the deceased, including whether the property is community or separate, and which, in the case of immovable property, must be sufficient to identify the property for purposes of transfer.
(6) A showing of the value of each item of property subject to the jurisdiction of the courts of Louisiana, and the aggregate value of all such property, at the time of the death of the deceased.
(7) A statement describing the respective interests in the property which each legatee has inherited and whether a legal usufruct of the surviving spouse attaches to the property.
(8) An attachment consisting of certified copies of the testament and, if the testament has been probated by court order of another state, the probate order of the other state.
(9) An affirmation that, by signing the affidavit, the affiant, if a legatee, has accepted the legacy of the deceased.
(10) An affirmation that, by signing the affidavit, the affiants swear under penalty of perjury that the information contained in the affidavit is true, correct, and complete to the best of their knowledge, information, and belief.
B. If the deceased had no surviving spouse, the affidavit must be signed by at least two persons who have actual knowledge of the matters stated therein.
C. In addition to the powers of a natural tutor otherwise provided by law, a natural tutor may also execute the affidavit on behalf of a minor child without the necessity of filing a petition pursuant to Article 4061.
Acts 2012, No. 618, §1, eff. June 7, 2012; Acts 2020, No. 173, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3443. Sale of succession property; publication of notice of sale

Art. 3443. Sale of succession property; publication of notice of sale
Notice of the public sale of property, movable or immovable, by the succession representative of a small succession shall be published once and only in the parish where the succession is pending, and the property shall be sold not less than ten days nor more than fifteen days after publication.
Notice of the application of the succession representative of a small succession to sell succession property, movable or immovable, at private sale shall be published once and only in the parish where the succession proceeding is pending, and shall state that any opposition to the proposed sale must be filed within ten days of the date of publication.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3461. Venue; procedure

TITLE VI
PARTITION OF SUCCESSIONS
Art. 3461. Venue; procedure
The petition for the partition of a succession shall be filed in the succession proceeding, as provided in Article 81(2).
In all other respects and except when manifestly inapplicable, the procedure for partitioning a succession is governed by the provisions of Articles 4601 through 4614.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3462. Partition of succession property

Art. 3462. Partition of succession property
When a succession has been opened judicially, the coheirs and legatees of the deceased cannot petition for a partition of the succession property unless they could at that time be sent into possession of the succession under Articles 3001, 3004, 3006, 3061, 3361, 3362, 3371, 3372, or 3381.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3501. Petition; affidavit; security

BOOK VII
SPECIAL PROCEEDINGS
TITLE I PROVISIONAL REMEDIES
CHAPTER 1. ATTACHMENT AND SEQUESTRATION
SECTION 1. GENERAL DISPOSITIONS
Art. 3501. Petition; affidavit; security
A writ of attachment or of sequestration shall issue only when the nature of the claim and the amount thereof, if any, and the grounds relied upon for the issuance of the writ clearly appear from specific facts shown by the petition verified by, or by the separate affidavit of, the petitioner, his counsel or agent.
The applicant shall furnish security as required by law for the payment of the damages the defendant may sustain when the writ is obtained wrongfully.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3502. Issuance of writ before petition filed

Art. 3502. Issuance of writ before petition filed
A writ of attachment or of sequestration may issue before the petition is filed, if the plaintiff obtains leave of court and furnishes the affidavit and security provided in Article 3501. In such a case the petition shall be filed on the first judicial day after the issuance of the writ of attachment or of sequestration, unless for good cause shown the court grants a longer delay.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3503. Garnishment under writs of attachment or of sequestration

Art. 3503. Garnishment under writs of attachment or of sequestration
Except as otherwise provided by law and in the second paragraph of this article, garnishment under a writ of attachment or of sequestration is governed by the rules applicable to garnishment under a writ of fieri facias.
In garnishment under a writ of sequestration the only property that can be seized is property the ownership or possession of which is claimed by the plaintiff or on which he claims a privilege.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3506. Dissolution of writ; damages

Art. 3506. Dissolution of writ; damages
The defendant by contradictory motion may obtain the dissolution of a writ of attachment or of sequestration, unless the plaintiff proves the grounds upon which the writ was issued. If the writ of attachment or of sequestration is dissolved, the action shall then proceed as if no writ had been issued.
The court may allow damages for the wrongful issuance of a writ of attachment or of sequestration on a motion to dissolve, or on a reconventional demand. Attorney's fees for the services rendered in connection with the dissolution of the writ may be included as an element of damages whether the writ is dissolved on motion or after trial on the merits.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3507.1. Release of property by plaintiff; security

Art. 3507.1. Release of property by plaintiff; security
Property seized under a writ of attachment or of sequestration may be released to the plaintiff upon proof of his ownership and upon furnishing security as required by Article 3508. All costs incurred as a result of the seizure shall be paid by the plaintiff prior to the release of the property. A written agreement to hold the seizing authority harmless for wrongful seizure of property which is not seized to enforce a security interest, mortgage, lien or privilege may be substituted in lieu of security at the discretion of the sheriff.
Acts 1985, No. 593, §1; Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3508. Amount of security for release of attached or sequestered property

Art. 3508. Amount of security for release of attached or sequestered property
The security for the release of property seized under a writ of attachment or of sequestration shall exceed by one-fourth the value of the property as determined by the court, or shall exceed by one-fourth the amount of the claim, whichever is the lesser.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3509. Release of property by third person

Art. 3509. Release of property by third person
When property seized under a writ of attachment or of sequestration is in the possession of one not a party to the action, he may intervene in the action and, upon prima facie showing that he is the owner, pledgee, or consignee of the property, have the property released by furnishing security in the manner and amount, within the same delay, and with the same effect as a defendant.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3511. Attachment and sequestration; privilege

Art. 3511. Attachment and sequestration; privilege
To the extent not otherwise provided under Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.), a creditor who seizes property under a writ of attachment or of sequestration acquires a privilege from the time of seizure if judgment is rendered maintaining the attachment or sequestration.
Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3513. Sale of perishable property

Art. 3513. Sale of perishable property
Perishable property seized under a writ of attachment or of sequestration may be sold as provided in Article 2333. The proceeds of such a sale shall be held by the sheriff subject to the orders of the court.
Nothing contained herein shall be construed to prohibit the release of such property upon furnishing of security.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3541. Grounds for attachment

SECTION 2. ATTACHMENT
Art. 3541. Grounds for attachment
A writ of attachment may be obtained when the defendant:
(1) Has concealed himself to avoid service of citation;
(2) Has granted a security interest under Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.), or has mortgaged, assigned, or disposed of his property or some part thereof, or is about to do any of these acts, with intent to defraud his creditors or give an unfair preference to one or more of them;
(3) Has converted or is about to convert his property into money or evidences of debt, with intent to place it beyond the reach of his creditors;
(4) Has left the state permanently, or is about to do so before a judgment can be obtained and executed against him; or
(5) Is a nonresident who has no duly appointed agent for service of process within the state.
Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3544. Plaintiff's security

Art. 3544. Plaintiff's security
The security required for the issuance of a writ of attachment shall be for the amount of the plaintiff's demand, exclusive of interest and costs. If the writ is obtained on the sole ground that the defendant is a nonresident, the security shall not exceed two hundred fifty dollars, but on proper showing the court may increase the security to any amount not exceeding the amount of the demand.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3571. Grounds for sequestration

SECTION 3. SEQUESTRATION
Art. 3571. Grounds for sequestration
When one claims the ownership or right to possession of property, or a mortgage, security interest, lien, or privilege thereon, he may have the property seized under a writ of sequestration, if it is within the power of the defendant to conceal, dispose of, or waste the property or the revenues therefrom, or remove the property from the parish, during the pendency of the action.
Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3572. Sequestration before rent due

Art. 3572. Sequestration before rent due
A sequestration based upon a lessor's privilege may be obtained before the rent is due, if the lessor has good reason to believe that the lessee will remove the property subject to the lessor's privilege. If the rent is paid when it becomes due, the costs shall be paid by the plaintiff.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3601. Injunction, grounds for issuance; preliminary injunction; temporary restraining order

CHAPTER 2. INJUNCTION
Art. 3601. Injunction, grounds for issuance; preliminary injunction; temporary restraining order
A. An injunction shall be issued in cases where irreparable injury, loss, or damage may otherwise result to the applicant, or in other cases specifically provided by law; provided, however, that no court shall have jurisdiction to issue, or cause to be issued, any temporary restraining order, preliminary injunction, or permanent injunction against any state department, board, or agency, or any officer, administrator, or head thereof, or any officer of the state of Louisiana in any suit involving the expenditure of public funds under any statute or law of this state to compel the expenditure of state funds when the director of such department, board, or agency or the governor shall certify that the expenditure of such funds would have the effect of creating a deficit in the funds of said agency or be in violation of the requirements placed upon the expenditure of such funds by the legislature.
B. No court shall issue a temporary restraining order in cases where the issuance shall stay or enjoin the enforcement of a child support order when the Department of Children and Family Services is providing services, except for good cause shown by written reasons made a part of the record.
C. During the pendency of an action for an injunction the court may issue a temporary restraining order, a preliminary injunction, or both, except in cases where prohibited, in accordance with the provisions of this Chapter.
D. Except as otherwise provided by law, an application for injunctive relief shall be by petition.
E. The irreparable injury, loss, or damage enumerated in Paragraph A of this Article may result from the isolation of an individual over the age of eighteen years by any other individual, curator, or mandatary, including but not limited to violations of Civil Code Article 2995 or Code of Civil Procedure Article 4566(J).
Amended by Acts 1969, No. 34, §2; Acts 2004, No. 765, §1, eff. July 6, 2004; Acts 2016, No. 110, §2, eff. May 19, 2016.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3603. Temporary restraining order; affidavit or affirmation of irreparable injury and notification efforts

Art. 3603. Temporary restraining order; affidavit or affirmation of irreparable injury and notification efforts
A. A temporary restraining order shall be granted without notice from the court when all of the following occur:
(1) It clearly appears from specific facts shown by a verified petition, by supporting affidavit, or by affirmation as provided in Article 3603.1(C)(3) that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or his attorney can be heard in opposition.
(2) The applicant's attorney certifies to the court in writing the efforts that have been made to give notice or the reasons supporting the applicant's claim that notice should not be required.
B. The verification or the affidavit may be made by the plaintiff, or by his counsel, or by his agent.
C. No court shall issue a temporary restraining order in cases where the issuance shall stay or enjoin the enforcement of a child support order when the Department of Children and Family Services is providing services, except for good cause shown by written reasons made a part of the record.
Acts 1997, No. 1156, §2; Acts 1999, No. 1200, §4, Acts 2001, No. 430, §1; Acts 2003, No. 750, §1; Acts 2004, No. 502, §1; Acts 2021, No. 394, §1; Acts 2023, No. 5, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3603.1. Governing provisions for issuance of protective orders; grounds; notice; court-appointed counsel

Art. 3603.1. Governing provisions for issuance of protective orders; grounds; notice; court-appointed counsel
A. Notwithstanding any provision of law to the contrary, and particularly the provisions of Domestic Abuse Assistance, Part II of Chapter 28 of Title 46, Post-Separation Family Violence Relief Act and Injunctions and Incidental Orders, Parts IV and V of Chapter 1 of Code Title V of Title 9, Domestic Abuse Assistance, Chapter 8 of Title XV of the Children's Code, and this Chapter, no temporary restraining order or preliminary injunction prohibiting a spouse or other person from harming or going near or in the proximity of another shall issue, unless the complainant has good and reasonable grounds to fear for his or her safety or that of the children, or the complainant has in the past been the victim of domestic abuse by the other spouse.
B. Any person against whom such an order is issued shall be entitled to a court-appointed attorney if the applicant has likewise been afforded a court-appointed attorney, which right shall also be included in any order or notice.
C.(1) A complainant seeking protection from domestic abuse, dating violence, stalking, or sexual assault shall not be required to prepay or be cast with court costs or costs of service of subpoena for the issuance or dissolution of a temporary restraining order, preliminary or permanent injunction, or protective order , or the dismissal of a petition for such, and the clerk of court shall immediately file and process the order issued regardless of the ability of the plaintiff to pay court costs.
(2) When the complainant is seeking protection from domestic abuse, stalking, or sexual assault, the clerk of court shall make forms available for making application for protective orders, provide clerical assistance to the petitioner when necessary, provide the necessary forms, and provide the services of a notary, where available, for completion of the petition.
(3) When a complainant is seeking a temporary restraining order for protection from domestic abuse, dating violence, stalking, or sexual assault, it is sufficient for the petition to contain a written affirmation signed and dated by the complainant that the facts and circumstances contained in the complaint are true and correct to the best knowledge, information, and belief of the complainant, under penalty of perjury pursuant to R.S. 14:123. The affirmation shall be made before a witness who shall sign and print his name.
Added by Acts 1997, No. 1156, §2; Acts 1999, No. 1200, §4; Acts 2001, No. 430, §1; Acts 2003, No. 750, §1; Acts 2004, No. 502, §1; Acts 2014, No. 355, §1; Acts 2021, No. 394, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3605. Content and scope of injunction or restraining order

Art. 3605. Content and scope of injunction or restraining order
An order granting either a preliminary or a final injunction or a temporary restraining order shall describe in reasonable detail, and not by mere reference to the petition or other documents, the act or acts sought to be restrained. The order shall be effective against the parties restrained, their officers, agents, employees, and counsel, and those persons in active concert or participation with them, from the time they receive actual knowledge of the order by personal service or otherwise.