6.4.1 Petition for Possession

The Petition for Possession must be verified and include allegations establishing the decedent’s date of death and domicile at the time of death, indicating whether the succession is testate or intestate, and identifying the heirs or legatees.1 The original testament should be attached (if there is one) and proof of the testament, if necessary. The Petition should allege that the succession is relatively free from debt and that all of the successors accept the succession.2 Before filing the petition, you should obtain written consent from the other heirs that they have accepted the succession.

  • 1La. C.C.P. arts. 3001–3002, 3031–3032.
  • 2Id.

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