A. To this end, he shall present to the judge a petition setting forth the nature of the property, the amount of the encumbrances if any, and the reasons why he deems it in the best interest of the succession to convey the property in satisfaction of the debt or debts. B. A copy of the petition shall be served by the executor or administrator on each creditor of the succession who has requested notification, together with a notice requiring that any opposition to the granting of the application be filed within seven days from date of service. Service of the petition as set forth herein may be made by registered or certified mail, return receipt requested.
Art. 3296.Petition
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 6. Alienation of Succession Property · Last amended 1999 · Last verified July 30, 2026
In one sentenceArticle 3296 requires the executor or administrator to petition the court describing the property's nature, any encumbrances on it, and the reasons a giving in payment serves the succession's best interest, and to serve a copy on any creditor who requested notification, giving that creditor seven days to oppose.
Full Text of Art. 3296
Amendment History
Acts 1988, No. 564, §1; Acts 1997, No. 1421, §7, eff. 7/1/1999.
Plain-English Summary
Article 3296 starts the procedure for a giving in payment the same way this chapter starts a private sale or an exchange: with a petition. The executor or administrator has to present the judge with a petition describing the nature of the property to be transferred, any encumbrances on it -- a mortgage or lien, for instance -- and the reasons the representative believes conveying the property in satisfaction of the debt serves the succession's best interest.
Paragraph B adds a targeted notice requirement aimed at a specific group: creditors who have already asked to be kept informed. The executor or administrator has to serve a copy of the petition on each creditor of the succession who requested notification, along with a notice that any opposition to the application must be filed within seven days of service.
Service can be made by registered or certified mail, return receipt requested, which gives the representative a documented way to prove notice reached the creditor without needing personal service. This creditor-specific service works alongside, not instead of, the publication Article 3297 goes on to require for the wider public.
Frequently Asked Questions
What must the petition for a giving in payment describe?
The nature of the property, the amount of any encumbrances on it, and the reasons conveying the property in satisfaction of the debt serves the succession's best interest.
Which creditors get a personal copy of the petition?
Any creditor of the succession who has requested notification. Article 3296 requires the executor or administrator to serve those creditors specifically, in addition to the general publication required elsewhere in this section.
How can the petition be served on a creditor who requested notice?
By registered or certified mail, return receipt requested, which Article 3296 allows as a documented method of service.
How long does a served creditor have to oppose the giving in payment?
Seven days from the date of service, as stated in the notice that accompanies the served copy of the petition.
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: petition for giving in payment LouisianaArticle 3296 Louisianaserving creditors notice succession petitionencumbrances petition giving in paymentregistered mail service succession creditor