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Art. 3242.Acknowledgment Or Rejection of Claim By Representative

Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 5. Enforcement of Claims Against Successions · Amendment history unavailable · Last verified July 30, 2026

In one sentenceArticle 3242 gives the succession representative thirty days after a claim is submitted to acknowledge or reject it in writing and notify the claimant, and treats the representative's silence past that deadline as a rejection.

Full Text of Art. 3242

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The succession representative to whom a claim against the succession has been submitted, within thirty days thereof, shall either acknowledge or reject the claim, in whole or in part. This acknowledgment or express rejection shall be in writing, dated, and signed by the succession representative, who shall notify the claimant of his action. Failure of the succession representative either to acknowledge or reject a claim within thirty days of the date it was submitted to him shall be considered a rejection thereof.

Plain-English Summary

Once a creditor presents a claim under Article 3241, the succession representative cannot leave it hanging. Article 3242 gives the representative thirty days from submission to decide: acknowledge the claim, reject it, or acknowledge part and reject the rest. Whichever way the representative goes, the decision has to be in writing, dated, and signed, and the representative has to notify the claimant of the outcome.

Acknowledgment is the representative's own determination that the claim is valid and belongs in the succession's debts. Rejection is the opposite: a decision, in whole or in part, that the claim will not be honored as presented. The two paths lead to different outcomes entirely, as Articles 3243 and 3246 make clear.

Article 3242 also closes off a way for a representative to stall. If thirty days pass without a written acknowledgment or rejection, the law treats that silence as a rejection. A creditor is never left waiting indefinitely; inaction itself moves the claim into rejected status, clearing the way for the creditor to consider judicial enforcement under Article 3246.

Frequently Asked Questions

How long does a Louisiana succession representative have to respond to a claim?

Thirty days from the date the claim was submitted. Article 3242 requires a written, dated, and signed acknowledgment or rejection within that period.

What happens if the succession representative never responds to a claim?

Article 3242 deems the failure to acknowledge or reject a claim within thirty days to be a rejection, so the creditor is not left waiting indefinitely for an answer.

Can a succession representative acknowledge part of a claim and reject the rest?

Yes. Article 3242 allows acknowledgment or rejection in whole or in part, and each part carries its own consequences under Articles 3243 and 3246.

Does the representative's decision have to be in writing?

Yes. Article 3242 requires the acknowledgment or express rejection to be written, dated, and signed, with notice sent to the claimant.

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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