Art. 3361.After Homologation of Final Tableau of Distribution
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 11. Sending Heirs and Legatees Into Possession · Enacted 1997 · no amendments on record · Last verified July 30, 2026
Full Text of Art. 3361
Amendment History
Acts 1997, No. 1421, §3, eff. 7/1/1999.
Plain-English Summary
Chapter 11 covers the final act in a fully administered succession: formally handing over what is left once the succession representative has paid the debts and the court has approved the final tableau of distribution, the representative's proposed accounting of who gets what. This is a different path from the one Title II describes elsewhere in this Book, where heirs skip administration altogether and move straight to possession because none was needed. Chapter 11 assumes administration happened, ran its course, and is now winding down.
Article 3361 sets the normal timing for an intestate heir: after homologation of the final tableau of distribution, an heir may file a petition alleging the facts that show heirship, and the court orders the administrator to show cause why the petitioner should not be sent into possession. This after-homologation timing is the default and the more common route; Article 3362, just below, describes a narrower, earlier alternative available before homologation.
The show-cause order gives the administrator a chance to object, though in most cases the administrator has no reason to, since homologation of the final tableau already confirmed that debts are covered and distribution can proceed. The petition process here feeds directly into the judgment of possession that Article 3381 describes, which is the court act that transfers ownership.
Frequently Asked Questions
What does it mean to be sent into possession after a succession is administered?
It means the court formally recognizes an heir's ownership of estate property once administration has wound down, through a judgment triggered by the heir's petition under Article 3361.
When can an intestate heir file a petition under Article 3361?
At any time after the court homologates the final tableau of distribution, the representative's approved accounting of the succession's remaining assets and debts.
What is homologation of the final tableau of distribution?
It is the court's formal approval of the succession representative's final accounting and distribution plan, a step governed by Chapter 7 and Chapter 9 of this Title.
Does the administrator have to agree before an heir is sent into possession?
Not necessarily. The court orders the administrator to show cause why the heir should not be sent into possession, but the administrator need not object for the process to proceed.