Art. 3091.Petition For Notice of Application For Appointment
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 1. Qualification of Succession Representatives · Amendment history unavailable · Last verified July 30, 2026
Full Text of Art. 3091
Plain-English Summary
Being appointed administrator can turn on timing as much as on legal entitlement. Article 3091 gives an interested person a way to protect a claim to the office, or to keep informed, by petitioning the court for notice of any application for appointment as administrator, whether the succession proceeding has already opened or has not been filed yet.
The petition itself has to meet the formal content requirements of Article 3092, and it must bear the succession proceeding's number and caption so the clerk can docket and file it in the correct record. Filing it correctly is what triggers the notice obligation later.
Timing matters most of all. If the petition for notice is filed within ten days of the decedent's death, or before anyone applies for appointment, the person who later applies to be administrator must serve the requested notice as Article 3093 describes. File too late, after someone has already applied and the ten-day window has closed, and the notice right does not attach in the same way.
Frequently Asked Questions
Who can request notice of an administrator appointment application?
Any interested person, at any time after the decedent's death, by petitioning the court in which the succession has been opened or may be opened.
Why would someone want notice before an administrator is appointed?
What happens if I file my notice request within ten days of death?
The applicant for appointment as administrator must then serve you with the notice Article 3093 requires, giving you the chance to respond before the appointment hearing.
Where do I file a petition for notice of application for appointment?
In the court where the succession has been opened, or, if it has not been opened yet, in the court where it may be opened, with the petition docketed and filed in that record by the clerk.