Art. 3094.Order On Application For Appointment

Filing an application for appointment as administrator sets two things in motion at once. First, the court orders that an inventory of the decedent's property be taken, or, in the alternative, that a descriptive list be filed under Article 3136. That order issues automatically on the filing of the application, before the appointment itself is decided.

Second, the article sets the clock for the appointment decision, and the clock runs differently depending on whether notice was required under Articles 3091 through 3093. If notice was required, the hearing on the application cannot be held earlier than the eleventh day after the notice was mailed or delivered, giving the notified party a real chance to file an opposition under Article 3095 beforehand.

If no notice was required, because no one filed a timely petition for notice, the court can move faster. Once ten days have elapsed since the decedent's death, the court may appoint the applicant as administrator forthwith, without a separate hearing, unless the applicant is disqualified under Article 3097.