In an intestate succession, a petition for possession may send the heirs into possession by the ex parte petition of any of the following:
- All the competent heirs if all competent heirs accept the succession and the succession is relatively free of debt.1
- The surviving spouse in community with the decedent if all the heirs are incompetent and no legal representative has been appointed for some or all of the heirs2
- The legal representative of the incompetent heirs if all of the heirs are incompetent and a legal representative has been appointed.3
A surviving spouse in community with an intestate decedent can also use an ex parte petition for possession to be recognized as the owner of the survivor’s undivided one-half interest in the community property and as the usufructuary of the other one-half.4
If a competent heir cannot be located, the other heirs, including the absentee heir, can be sent into possession after appointment of an attorney to represent the absentee and a contradictory rule against the absentee’s attorney.5