Book VI. Probate Procedure · Title II. Acceptance of Successions Without Administration · Chapter 2. Testate Successions · Last amended 1980 · Last verified July 30, 2026
In one sentenceArticle 3032 requires a legatees' petition for possession under Article 3031 to allege each petitioner's competency or legal representation, generally requires the named executor to join the petition unless Article 3033 excuses that, applies Article 3002's allegations to a surviving spouse's petition, and requires the same affidavit verification and proof as Articles 3002 and 3003.
Full Text of Art. 3032
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The petition of the legatees for possession under Article 3031 shall include allegations that all of the petitioners are either competent or are acting through their qualified legal representatives. The person named as executor in the testament shall join in the petition, except as otherwise provided by Article 3033.
The petition of the surviving spouse in community for possession under Article 3031 shall comply with all of the pertinent provisions of Article 3002.
The allegations of the petition for possession shall be verified by the affidavit of at least one of the petitioners.
The allegations of the petition for possession shall be proved as provided in Article 3003.
Amendment History
Amended by Acts 1979, No. 711, §3, eff. 1/1/1980.
Plain-English Summary
Article 3032 supplies the petition checklist for the testate track, paralleling what Article 3002 requires of intestate heirs. The legatees' petition for possession has to allege that every petitioner is either competent or is acting through a qualified legal representative, which matters given how legatees can include minors, interdicts, or other people who need someone else to act for them.
The article adds a requirement unique to the testate track: the person named as executor in the testament generally has to join the petition too, not just the legatees. That reflects the executor's own stake in the outcome, tied to the compensation question Article 3033 addresses, though Article 3033 also sets out when the legatees can proceed without the executor's cooperation.
A surviving spouse petitioning in community under Article 3031 files the same allegations Article 3002 requires for a spouse petitioning under the intestate track. And as with the intestate petitions, the legatees' allegations have to be verified by at least one petitioner's affidavit, and proven the same way Article 3003 provides, keeping the evidentiary process consistent whether the succession is testate or intestate.
Frequently Asked Questions
What must a legatees' petition for possession allege?
That every petitioner is competent or is acting through a qualified legal representative.
Does the executor named in the testament have to join the petition?
Generally yes, except as Article 3033 provides for situations where the executor will not join.
Does a surviving spouse petitioning under the testate track follow different rules?
No. Article 3032 applies the same allegations Article 3002 requires for a spouse petitioning under Article 3001.
How is a legatees' petition proven up?
The allegations are verified by affidavit and proven as Article 3003 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
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