A. A creditor may suspend the running of prescription against his claim for up to ten years:
Art. 3245.Submission of Formal Proof of Claim to Suspend Prescription
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 5. Enforcement of Claims Against Successions · Last amended 1993 · Last verified July 30, 2026
In one sentenceArticle 3245 lets a creditor suspend prescription against a succession claim by delivering sworn, formal written proof to the representative, filing it in the succession record, or filing it in the parish mortgage records depending on the succession's procedural stage, with the suspension surviving even a later rejection.
Full Text of Art. 3245
(1) By delivering personally or by certified or registered mail to the succession representative, or his attorney of record, a formal written proof of the claim.
(2) By filing a formal written proof of the claim in the record of the succession proceeding, if the succession has been opened and no person has been appointed or confirmed as succession representative and no judgment of possession has been signed.
(3) By filing a formal written proof of the claim in the mortgage records of the appropriate parish as provided in Article 2811, in the absence of a proceeding to open the succession.
B. Such proof of claim shall be sworn to by the claimant and shall set forth:
(1) The name and address of the creditor;
(2) The amount of the claim, and a short statement of facts on which it is based; and
(3) If the claim is secured, a description of the security and of any property affected thereby.
C. If the claim is based on a written instrument, a copy thereof with all endorsements must be attached to the proof of the claim. The original instrument must be exhibited to the succession representative on demand, unless it is lost or destroyed, in which case its loss or destruction must be stated in the claim. D. The submission of this formal proof of claim, even though it be rejected subsequently by the succession representative, shall suspend the running of prescription against the claim as long as the succession is under administration or, if the succession has been opened and no person has been appointed or confirmed as succession representative and no judgment of possession has been signed, submission of the formal proof of claim shall suspend the running of prescription against the claim as long as no judgment of possession has been signed. In the absence of a proceeding to open the succession, submission of the formal proof of claim shall suspend the running of prescription against the claim for five years, commencing from the date of submission of the proof of claim.
Amendment History
Acts 1987, No. 693, §1; Acts 1993, No. 481, §1.
Plain-English Summary
Prescription is Louisiana's civil-law version of a statute of limitations, and a creditor of a succession has reason to worry about it running out while an estate works through administration. Article 3245 gives a creditor a tool to stop that clock on the creditor's own initiative, without needing the succession representative's cooperation and without needing the claim acknowledged first.
The mechanism is a formal proof of claim, submitted one of three ways depending on where the succession stands procedurally. If a representative has been appointed or confirmed, the creditor delivers the formal proof personally or by certified or registered mail to the representative or the representative's attorney. If the succession has been opened but no representative has yet been appointed or confirmed and no judgment of possession has been signed, the creditor instead files the proof in the record of the succession proceeding. And if no succession proceeding has even been opened, the creditor files the proof in the mortgage records of the appropriate parish. Each path aims the notice at whoever, or whatever public record, is positioned to receive it at that stage.
The proof itself has to be sworn and has to identify the creditor, state the amount of the claim and the facts behind it, and describe any security if the claim is secured. A claim resting on a written instrument needs a copy attached with all endorsements, and the original has to be produced to the representative on demand unless it has been lost or destroyed, in which case the claim has to say so.
What makes this procedure distinct from ordinary claim presentation under Article 3241 is that the suspension of prescription holds even if the representative later rejects the claim. How long the suspension lasts depends on the same procedural posture that determined how the proof was filed: it runs as long as the succession stays under administration, or as long as no judgment of possession has been signed if no representative has yet qualified, or, when no succession proceeding was ever opened, for a fixed five years from the date the proof was submitted.
Frequently Asked Questions
Why would a succession creditor use formal proof of claim instead of just presenting a claim?
Because formal proof of claim under Article 3245 suspends prescription even if the representative later rejects the claim, while ordinary claim presentation under Article 3241 does not carry that protection on its own.
Where do I file formal proof of claim if no succession representative has been appointed yet?
In the record of the succession proceeding, if the succession has been opened but no representative has been appointed or confirmed and no judgment of possession has been signed.
What if no succession proceeding has even been opened?
Article 3245 lets the creditor file the formal proof of claim in the mortgage records of the appropriate parish, which suspends prescription for five years from the filing date.
What has to be included in a formal proof of claim?
A sworn statement giving the creditor's name and address, the amount of the claim and the facts supporting it, a description of any security, and, if the claim rests on a written instrument, a copy with all endorsements.
Does a later rejection undo the suspension of prescription from a formal proof of claim?
No. Article 3245 states that the suspension holds even though the claim is subsequently rejected by the succession representative.
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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