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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

In one sentenceArticle 3294 borrows the private-sale procedure for exchanges, applying Articles 3282 through 3284 -- publication of notice, the opposition process, and the court's hearing and order -- to an application for authority to exchange succession property.

Full Text of Art. 3294

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The provisions of Articles 3282 through 3284 shall apply to the publication of notice of the application for authority to exchange succession property, opposition thereto, and the hearing and order thereon.

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.

Is service on heirs and legatees under Article 3293 replaced by the publication this article requires?

No. The direct service Article 3293 requires on heirs and legatees applies in addition to the published notice this article requires by incorporating Articles 3282 through 3284.

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: publication and hearing exchange succession LouisianaArticle 3294 LouisianaArticles 3282 through 3284 exchangeopposition to exchange succession propertyorder authorizing exchange succession