Art. 3005.Same; Petition For Possession; Evidence

Article 3005 is the petition-content companion to Article 3004's discretionary route, playing the same role for that broader path that Article 3002 plays for Article 3001's unanimous, debt-free path. The heirs' petition has to allege the petitioners' competency, the date of the intestate's death and the other facts the court's jurisdiction rests on, and, notably, that the petitioners together with any incompetent heirs named in the petition make up the intestate's entire set of heirs.

That last requirement matters because Article 3004's discretionary route can send heirs into possession even when some of them are incompetent and represented by someone else in the petition. The court still needs assurance that nobody has been left out, competent or not, so the petition has to account for the full heir group by name.

A surviving spouse petitioning under Article 3004 files the same allegations Article 3002 requires of a spouse petitioning under Article 3001. Whichever route is used, the petition's allegations still have to be verified by at least one petitioner's affidavit, and still have to be proven the way Article 3003 provides, so the evidentiary path stays consistent across both the unanimous and the discretionary tracks.