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Art. 3225.Continuation of Business; Interim Order Unappealable

Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 4. General Functions, Powers, and Duties of Succession Representative · Last amended 1972 · Last verified July 30, 2026

In one sentenceArticle 3225 lets the court issue an interim ex parte order authorizing a succession representative to continue a decedent's business immediately, pending compliance with Article 3229's notice procedure, expiring after forty-five days unless extended, with no appeal available from the grant or denial of that interim order.

Full Text of Art. 3225

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When an application to continue business has been filed, the court may issue an interim ex parte order to the succession representative to continue the business immediately until such time as the procedure provided for by Article 3229 may be complied with. The order granted herein shall expire at the end of forty-five days unless extended by the court. No appeal shall lie from the granting or denial of the interim order.

Amendment History

Amended by Acts 1972, No. 666, §1.

Plain-English Summary

Article 3224's notice-and-opposition procedure under Article 3229 takes time to run its course: publication, a waiting period, an opportunity to oppose. A business can lose customers, spoil inventory, or bleed value in that window if it has to stop operating while the process plays out. Article 3225 bridges the gap.

Once an application to continue the business has been filed, the court can issue an interim order, granted ex parte, without waiting for the other side to be heard, directing the representative to continue the business immediately. That order holds only until the full Article 3229 procedure can be completed, and it expires on its own after forty-five days unless the court extends it, so the interim measure cannot substitute indefinitely for the fuller process.

The tradeoff for that speed is finality at the interim stage: no appeal lies from either granting or denying the interim order. Anyone unhappy with the outcome has to look to the full Article 3229 proceeding that follows, rather than tying up the interim decision itself in appellate review while the underlying business hangs in the balance.

Frequently Asked Questions

Can a business keep operating while the court's notice-and-opposition process for continuing it plays out?

Yes, through an interim ex parte order under Article 3225, issued once an application to continue the business has been filed.

How long does the interim order last?

Forty-five days, unless the court extends it.

Can someone appeal the interim order continuing the business?

No. Article 3225 bars appeal from either the granting or the denial of the interim order.

Why does Louisiana allow an ex parte order here?

To prevent a business from losing value while the fuller notice procedure under Article 3229 runs its course before a final order on continuation issues.

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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