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LA · rules

La. Code Civ. Proc. art. 3006

Same; when one of competent heirs cannot join in petition for possession

activein force · 2026-09-15 – presentact-effective-date

If a competent heir of an intestate resides out of the state and cannot be located, or his whereabouts are unknown, the other competent heirs may be sent into possession of the property without an administration of the succession, as provided herein and in Articles 3004 and 3005.

Upon the filing of the petition for possession, the court shall appoint an attorney at law to represent the absent heir, and shall order him to show cause why the heirs of the intestate should not be recognized, and sent into possession of the property of the intestate without an administration of the succession.

After a hearing on the rule against the attorney for the absentee, if the court concludes that the succession is thoroughly solvent and that there is no necessity for an administration, it may send all the heirs of the intestate, including the absentee, into possession.

Provenance

Source
legis.la.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
f1f60291c600380d8f5955001dcb6bd2ade6618c6c12c2796d5f2d92890f9678
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