When the heirs of an intestate, or the heirs and the surviving spouse thereof, have been sent into possession of the property of the intestate under Articles 3001 or 3004, any creditor having a claim against the succession may file in the succession proceeding, within three months of the date of the judgment of possession, a contradictory motion against all parties sent into possession to compel them to furnish security for the payment of his claim. On the trial of this motion, the court may order the parties sent into possession to furnish such security as it deems necessary to protect the claimant.
Art. 3007.Creditor May Demand Security When Heirs Sent Into 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 3007 lets a creditor of the succession, within three months of the date of the judgment of possession, file a contradictory motion against heirs sent into possession under Articles 3001 or 3004 to compel them to furnish security for payment of the creditor's claim.
Full Text of Art. 3007
Plain-English Summary
Sending heirs into possession without administration skips the formal, court-supervised process that would otherwise make sure the succession's debts get paid before its property gets distributed. Article 3007 is the creditor's protection against that gap: even after heirs have been sent into possession under Article 3001 or Article 3004, a creditor with a claim against the succession is not left empty-handed.
Within three months of the date of the judgment of possession, that creditor can file a contradictory motion, meaning heirs get notice and a chance to respond, against all the parties sent into possession, asking the court to compel them to furnish security for the creditor's claim. The court decides at trial of that motion what security it thinks is necessary to protect the creditor, whether that means a bond or some other financial guarantee.
The point is not to punish heirs for using the streamlined path. It is to make sure a real creditor cannot be shut out of the estate's assets just because the family avoided a formal administration. Heirs who used the faster route can still end up furnishing the same kind of guarantee a formal administration would have required, if a creditor comes forward in time.
Frequently Asked Questions
Can a creditor still collect from heirs who were sent into possession without an administration?
Yes. Article 3007 lets a creditor demand that the heirs furnish security for the creditor's claim.
How long does a creditor have to make this demand?
Three months from the date of the judgment of possession.
What kind of proceeding does the creditor use to demand security?
A contradictory motion against all the parties sent into possession, giving them notice and a chance to be heard.
What happens if the heirs do not furnish the security the court orders?
An administration of the succession can be ordered instead, as Article 3008 provides.
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: creditor security heirs Louisiana successionArticle 3007 Louisianademand security judgment of possessioncreditor claim against succession Louisianathree month deadline creditor security