Art. 3297.Publication
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 6. Alienation of Succession Property · Last amended 1997 · Last verified July 30, 2026
Full Text of Art. 3297
Amendment History
Amended by Acts 1981, No. 314, §1; Acts 1997, No. 1421, §7, eff. July 1, l999.
Plain-English Summary
Article 3296's service requirement reaches only creditors who already asked to be told about filings in the succession. Article 3297 casts a wider net, requiring the application for a giving in payment to be published in the manner prescribed for judicial advertisements, the same publication format used elsewhere in this Book.
That published notice has to call on everyone concerned to raise any opposition they have. The article specifically mentions heirs among those invited to object, alongside creditors and legatees who might not have separately requested notice under Article 3296 but still have a stake in how the property gets transferred.
The deadline mirrors the seven-day window used throughout this chapter: anyone opposing the giving in payment has to file that opposition within seven days from the day the last publication appears. That consistent short window, repeated across private sales, exchanges, and now givings in payment, keeps succession administration moving without leaving these dispositions open to challenge indefinitely.
Frequently Asked Questions
Does the public get notice of a proposed giving in payment beyond the creditors who requested it?
Yes. Article 3297 requires published notice in the manner prescribed for judicial advertisements, reaching interested parties beyond the specific creditors served under Article 3296.
Who is invited to oppose a giving in payment under the published notice?
Everyone concerned, which the article specifically says includes the succession's heirs, along with creditors and legatees.
How long after publication does someone have to file an opposition?
Seven days from the day the last publication appears, the same window used for private sales and exchanges elsewhere in this chapter.
Is this publication requirement separate from the service on creditors required by Article 3296?
Yes. Article 3297's publication reaches the public generally, while Article 3296's service requirement targets specific creditors who already asked to be notified.