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Art. 3335.Notice to Heirs and Residuary Legatees

Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 9. Accounting By Succession Representative · Last amended 2024 · Last verified July 30, 2026

In one sentenceArticle 3335 requires a succession representative to serve a copy of any filed account on every heir and residuary legatee along with notice that it may be homologated ten days after service, allowing ordinary mail for a periodic account but requiring more formal service, such as certified mail with a signed receipt, for a final account.

Full Text of Art. 3335

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A. A copy of any account filed by a succession representative shall be served upon each heir or residuary legatee, together with a notice that the account may be homologated after the expiration of ten days from the date of service and that any opposition thereto shall be filed before homologation. B. In the case of any account other than the final account, service on either a resident or a nonresident may be made by ordinary mail. C. In the case of a final account, service may be made by either of the following:
(1) In accordance with the provisions of Article 1314.
(2) On either a resident or a nonresident, by certified mail or by use of a commercial courier that requires a signed receipt from the addressee upon completion of delivery. The certificate of the attorney for the succession representative that the notice and final account were sent to the heir or legatee, together with the receipt signed by the addressee, shall be filed in the succession proceeding prior to homologation of the final account.

Amendment History

Amended by Acts 2024, No. 371, §1, eff. 8/1/2024. Amended by Acts 1966, No. 36, §1.

Plain-English Summary

Because an heir's or residuary legatee's eventual share depends directly on what an account shows was spent, preserved, or disposed of, Article 3335 does not leave them to rely on published notice the way some other filings in this Title do. A copy of any account the succession representative files has to be served on each heir and residuary legatee, together with notice that the account may be homologated once ten days have passed from service, and that any opposition has to be filed before that homologation.

The article sets a two-tier system for how that service happens. For any account other than the final one, ordinary mail is enough, whether the heir or legatee lives in Louisiana or elsewhere. A final account gets more formal treatment, since it permanently affects distribution and winds down the representative's fiduciary role: service can proceed under the Code's standard rules for serving parties, or by certified mail or a commercial courier requiring a signed receipt, with the attorney for the succession representative filing a certificate that the notice and final account were sent, along with the signed receipt, before homologation of the final account.

The ten-day homologation window mirrors the structure Article 3307 sets up for the tableau of distribution: notice goes out, a waiting period runs, and homologation follows if nobody opposes in time.

Frequently Asked Questions

Who must be personally served with a copy of a succession account?

Every heir and residuary legatee, under Article 3335, along with notice of when the account may be homologated.

What is a residuary legatee?

The legatee entitled to whatever remains of the estate after the specific bequests in the testament have been satisfied.

Can a periodic account be mailed with ordinary mail?

Yes. Article 3335 permits ordinary mail service, on a resident or nonresident alike, for any account other than the final account.

What extra steps does service of a final account require?

Service under the Code's formal party-service rules, or certified mail or a signed-receipt commercial courier, plus an attorney's certificate and the signed receipt filed in the record before homologation.

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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