If no opposition should be made within the time, the judge may grant to the administrator or executor the authority applied for, after the debt is proven, but if opposition should be made, he shall hear the matter and determine thereon in a summary manner.
Art. 3298.Hearing; Order
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 3298 lets the judge grant the executor or administrator's application for a giving in payment once the underlying debt is proven, so long as no timely opposition was filed, and requires the judge to hear and decide any timely opposition in a summary proceeding.
Full Text of Art. 3298
Amendment History
Acts 1988, No. 564, §1; Acts 1997, No. 1421, §7, eff. 7/1/1999.
Plain-English Summary
Article 3298 closes out the giving-in-payment procedure the way Article 3284 closes out a private sale: with the hearing and order. If the seven-day opposition period runs without anyone filing an objection, the judge may grant the executor or administrator the authority applied for -- but only after the debt itself has been proven, not merely alleged in the petition.
That proof requirement matters. A giving in payment satisfies a debt, so before the court lets property change hands in lieu of cash, the judge needs to be satisfied the debt is real and owed in the amount claimed, not merely asserted by the representative seeking to convey the property.
If someone does file a timely opposition, the article sends the dispute down the same track used for private-sale and exchange oppositions elsewhere in this chapter: the judge hears the matter and determines it in a summary manner, a quicker, less formal process than a full ordinary proceeding, so the succession is not left waiting indefinitely to resolve whether the property can be conveyed.
Frequently Asked Questions
What has to happen before a judge grants an unopposed giving in payment?
The debt the property is meant to satisfy has to be proven, not just alleged in the petition. Article 3298 conditions the grant of authority on that proof, even when no opposition was filed.
How is an opposed giving in payment resolved?
The judge hears the matter and decides it in a summary manner, the same quicker process used for opposed private sales and exchanges elsewhere in this chapter.
Can the judge grant the application without proof the debt is owed?
No. Article 3298 requires the debt to be proven before the judge may grant the executor or administrator's application, even absent any opposition.
What happens if no one opposes the giving in payment within seven days?
The judge may grant the authority applied for once the debt is proven, without the need for a contested hearing.
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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