Art. 3294.Publication of Notice; Opposition; Hearing; Order
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 6. Alienation of Succession Property · Enacted 1962 · no amendments on record · Last verified July 30, 2026
Full Text of Art. 3294
Amendment History
Added by Acts 1962, No. 92, §3.
Plain-English Summary
Rather than writing a parallel set of publication and hearing rules for exchanges, Article 3294 folds the private-sale procedure into the exchange process by reference. Articles 3282 through 3284 -- the publication requirements, the hearing, and the order authorizing the transaction -- apply to an application to exchange succession property just as they apply to a private sale.
That means an exchange gets published the same way a private sale does: once for movable property, twice for immovable property, with no court order needed to publish, and with the seven-day opposition window running from the last publication. It also means a properly filed, unopposed exchange the court finds advantageous gets approved the same way an unopposed sale does, and an opposed exchange gets tried as a summary proceeding.
Article 3293's direct-service requirement layers on top of this borrowed procedure, rather than replacing it. An heir or legatee entitled to service under Article 3293 gets that individual notice in addition to, not instead of, the published notice this article requires by cross-reference.
Frequently Asked Questions
Does an exchange of succession property need to be published like a private sale?
Yes. Article 3294 applies Article 3282's publication rules to an application for authority to exchange succession property.
How does the court approve an exchange under this article?
The same way it approves a private sale: applying Article 3284, the court authorizes an unopposed exchange it finds in the succession's interest and fixes the terms, or the exchange is tried as a summary proceeding if opposed.
Does an opposition to a proposed exchange get a full trial?
No. Article 3294 incorporates Article 3284, which directs that an opposition be tried as a summary proceeding rather than a full ordinary lawsuit.