The petition of the heirs for possession under Article 3001 shall include allegations as to: the competency of the petitioners; the date of death of the deceased, and all other facts on which the jurisdiction of the court is based; the facts showing that petitioners are the sole heirs of the deceased; and that the succession is relatively free of debt, as provided in Article 3001. The petition of the surviving spouse in community for possession under Article 3001 shall include all of the above allegations except those relating to heirship; shall allege the facts showing that he is the surviving spouse in community; shall state what property belonged to the community; and if he claims the usufruct of any interest in the community property, shall allege the fact showing that he is entitled thereto. The allegations of the petition for possession shall be verified by the affidavit of at least one of the petitioners.
Art. 3002.Same; Petition For Possession
Book VI. Probate Procedure · Title II. Acceptance of Successions Without Administration · Chapter 1. Intestate Successions · Last amended 1980 · Last verified July 30, 2026
In one sentenceArticle 3002 sets what an heirs' petition for possession under Article 3001 must allege, including competency, jurisdiction, and sole-heirship facts, sets the parallel allegations required of a surviving spouse in community, and requires the petition to be verified by at least one petitioner's affidavit.
Full Text of Art. 3002
Amendment History
Amended by Acts 1979, No. 711, §3, eff. 1/1/1980.
Plain-English Summary
Because a petition for possession under Article 3001 proceeds ex parte, without an adversary testing its claims at a hearing, the petition itself has to do the work of establishing every fact the streamlined process depends on. Article 3002 lays out that checklist for the heirs: the petitioners' competency, the date of the decedent's death and every other fact the court's jurisdiction rests on, the facts showing the petitioners are the decedent's sole heirs, and the facts showing the succession is relatively free of debt as Article 3001 defines that term.
A surviving spouse petitioning in community files a related but distinct set of allegations. The spouse's petition covers the same jurisdictional and debt-free ground as the heirs' petition, but skips the heirship allegations, since a spouse's claim rests on the marital community rather than intestate succession. Instead, the spouse alleges the facts establishing spousal status, states what property belonged to the community, and, if claiming a usufruct over any part of the decedent's community interest, alleges the facts that entitle the spouse to it.
Every one of these allegations has to be verified, meaning at least one petitioner signs an affidavit swearing to their truth. That affidavit substitutes for the live testimony a contested hearing would otherwise require, giving the court a sworn basis for granting the petition without one.
Frequently Asked Questions
What must an heir's petition for possession allege under Article 3002?
The petitioners' competency, the date of death and jurisdictional facts, that the petitioners are the decedent's sole heirs, and that the succession is relatively free of debt.
Does a surviving spouse's petition for possession need to prove heirship?
No. It alleges spousal status, what property belonged to the community, and, if a usufruct is claimed, the facts supporting that entitlement, rather than heirship facts.
Does the petition for possession need to be sworn to?
Yes. Article 3002 requires the allegations to be verified by the affidavit of at least one petitioner.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as: petition for possession requirements LouisianaArticle 3002 Louisianaheirs petition for possession contentsurviving spouse community petition Louisianaverifying a succession petition by affidavit