Art. 3003.Same; Evidence of Allegations of Petition For Possession

A petition for possession makes allegations under oath, but Louisiana still expects those allegations to be backed by evidence beyond the petitioner's own say-so. Article 3003 supplies that proof without requiring a hearing: it directs that the allegations in a petition for possession filed under Article 3002 or Article 3005, on the decedent's death, the court's jurisdiction, the marriage of the spouses, and the petitioners' relationship to the decedent, be established as Chapter 2's evidence articles, Articles 2821 through 2823, provide.

That chapter allows death, jurisdiction, marriage, and family relationship to be shown through affidavit evidence rather than live witnesses, which is what makes an ex parte petition for possession move quickly. The court reviews sworn statements and supporting documents submitted with the petition instead of convening a hearing to take testimony on facts that are rarely in genuine dispute.

This same evidentiary path is not confined to the intestate petitions Article 3003 names directly. Article 3032 extends it to petitions for possession filed by legatees under the testate track as well, so heirs and legatees ultimately prove up their petitions the same way.