If a competent heir of an intestate resides out of the state and cannot be located, or his whereabouts are unknown, the other competent heirs may be sent into possession of the property without an administration of the succession, as provided herein and in Articles 3004 and 3005. Upon the filing of the petition for possession, the court shall appoint an attorney at law to represent the absent heir, and shall order him to show cause why the heirs of the intestate should not be recognized, and sent into possession of the property of the intestate without an administration of the succession. After a hearing on the rule against the attorney for the absentee, if the court concludes that the succession is thoroughly solvent and that there is no necessity for an administration, it may send all the heirs of the intestate, including the absentee, into possession.
Art. 3006.Same; When One of Competent Heirs Cannot Join In Petition For Possession
Book VI. Probate Procedure · Title II. Acceptance of Successions Without Administration · Chapter 1. Intestate Successions · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3006 lets the other competent heirs be sent into possession under Articles 3004 and 3005 even when one competent heir cannot join the petition because that heir lives out of state and cannot be located, once the court appoints an attorney for the absent heir and holds a hearing confirming the succession is thoroughly solvent.
Full Text of Art. 3006
Plain-English Summary
Article 3006 addresses a practical snag: what happens when one competent heir has moved away without a forwarding address, or cannot otherwise be located, and so cannot join the petition Articles 3004 and 3005 otherwise require. Rather than force a full administration or leave the succession in limbo indefinitely, the article lets the other competent heirs proceed without that missing heir's signature, with a safeguard built in for the absentee's interest.
Once the petition is filed, the court appoints an attorney to represent the absent heir and orders that attorney to show cause why the heirs should not be recognized and sent into possession without an administration. That gives the absentee a voice in the proceeding through appointed counsel, even without the absentee's own participation, before the streamlined process can go forward on the absentee's behalf as well.
Only after a hearing on that rule can the court act, and only if it concludes the succession is thoroughly solvent and an administration is unnecessary. If the court reaches that conclusion, it can send all the heirs into possession, including the absent one. That thoroughly solvent standard is a closer look than the relatively free of debt test under Article 3001, reflecting the added risk of sending an heir into possession who never appeared to protect an interest.
Frequently Asked Questions
What happens if a competent heir cannot be located to join a petition for possession?
The other competent heirs may still proceed under Articles 3004 and 3005, and the court appoints an attorney to represent the absent heir's interest.
What does the attorney appointed for the absent heir do?
Represents the absentee in the proceeding and is served with a rule to show cause why the heirs should not be sent into possession without an administration.
Is a hearing required before the court can act under Article 3006?
Yes, a hearing on the rule against the attorney for the absentee, unlike the ordinary ex parte process under Article 3001.
Does the absent heir get included in the eventual judgment of possession?
Yes, if after the hearing the court finds the succession thoroughly solvent and an administration unnecessary, it can send all the heirs into possession, including the absentee.
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: absent heir petition for possession LouisianaArticle 3006 Louisianaheir out of state succession Louisianaattorney appointed for absent heirthoroughly solvent succession standard