Art. 3096.Appointment When No Opposition; Appointment After Trial of Opposition
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 1. Qualification of Succession Representatives · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3096 has the court appoint the unopposed applicant as administrator at the hearing unless disqualified, or, when an opposition was filed, try the dispute and appoint the qualified claimant with the highest priority, defaulting to any willing, qualified person if every claimant is disqualified.
Full Text of Art. 3096
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At the hearing on the application for appointment as administrator, if no opposition thereto has been filed, the court shall appoint the applicant, unless he is disqualified under Article 3097. If an opposition to the application for appointment has been filed prior to the hearing thereon, the court shall assign the opposition for trial. After this trial, the court shall appoint as administrator the qualified claimant having the highest priority of appointment.
If all of the claimants are disqualified under Article 3097, the court shall appoint a qualified person who is willing to accept the administration of the succession.
Plain-English Summary
Article 3096 tells the court what to do at the hearing Article 3094 scheduled, and the outcome depends on whether anyone opposed the application. If no opposition was filed, the process is direct: the court appoints the applicant, unless that applicant turns out to be disqualified under Article 3097.
If an opposition was filed before the hearing, the court cannot rule on the papers alone; it must assign the opposition for trial, a contradictory proceeding where the applicant and the opponent present their competing claims. After that trial, the court appoints as administrator whichever qualified claimant holds the highest priority under Article 3098's ranking.
Article 3096 also covers the case where the trial reveals that every claimant before the court is disqualified. Rather than leaving the succession without a representative, the court appoints a qualified person who is willing to accept the administration, even though that person was not among the original competing claimants.
Frequently Asked Questions
What happens at the hearing if no one opposed the application?
The court appoints the applicant as administrator, unless the applicant is disqualified under Article 3097.
How does the court decide who becomes administrator when there is a dispute?
It assigns the opposition for trial, and afterward appoints the qualified claimant who holds the highest priority of appointment under Article 3098.
What if every person claiming the right to serve is disqualified?
The court appoints a qualified person willing to accept the administration, even if that person did not originally apply or oppose.
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:appointment after trial of opposition LouisianaArticle 3096 Louisianawho becomes administrator after oppositioncontested administrator appointment outcomehighest priority claimant administrator