If the security required by the court under Article 3007 is not furnished within the delay allowed, on ex parte motion of the creditor, the court shall render a judgment annulling the judgment of possession, directing the cancellation of all inscriptions of the registry thereof, ordering an administration of the succession, and ordering the parties sent into possession to surrender to the administrator to be appointed thereafter all of the property of the deceased which they have received, and which they have not alienated. Conventional mortgages and other encumbrances placed by the heirs, legatees, or surviving spouse in community on property so surrendered, and recorded prior to the cancellation of the inscription of the registry of the judgment of possession, shall retain their initial force and effect despite the administration of the succession.
Art. 3008.Administration In Default of Security
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 3008 lets a creditor, when heirs fail to furnish the security a court ordered under Article 3007, obtain by ex parte motion a judgment annulling the judgment of possession, cancelling its registry inscription, ordering an administration, and requiring the heirs to surrender unalienated succession property, while preserving encumbrances they validly recorded before the cancellation.
Full Text of Art. 3008
Plain-English Summary
Article 3008 is the enforcement mechanism behind Article 3007's security demand. If the heirs do not furnish the security the court ordered within the delay it allowed, the creditor does not have to start over with another contradictory fight. The creditor moves ex parte, without needing another hearing at this stage, and the court renders a judgment unwinding the streamlined possession altogether.
That judgment does several things at once: it annuls the judgment of possession, orders the cancellation of every inscription recording that judgment in the public registry, orders an administration of the succession, and directs the heirs to surrender to the future administrator whatever succession property they still hold and have not already sold or otherwise disposed of. Property the heirs already alienated before this point is not covered, since the article only reaches what remains in their hands.
One protection survives the unwinding. Any conventional mortgage or other encumbrance the heirs, legatees, or surviving spouse placed on the surrendered property, if recorded before the judgment of possession's registry inscription was cancelled, keeps its full force and effect despite the administration that follows. A lender who took security from an heir while the judgment of possession still stood does not lose that security just because the judgment is later annulled.
Frequently Asked Questions
What happens if heirs do not post the security a court ordered under Article 3007?
The creditor can obtain, by ex parte motion, a judgment annulling the judgment of possession, cancelling its registry inscription, and ordering an administration.
Does undoing the judgment of possession require another contradictory hearing?
No. At this stage, the creditor proceeds by ex parte motion.
Do the heirs have to return property they already sold?
No. Article 3008 requires surrender only of succession property the heirs still hold and have not alienated.
Does a mortgage an heir placed on the property survive this process?
Yes, if it was recorded before the judgment of possession's registry inscription was cancelled, it retains full force and effect despite the administration.
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
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