Art. 3362.Prior to Homologation of Final Tableau of Distribution

Article 3362 supplies the earlier, narrower alternative to Article 3361's after-homologation timing. Instead of waiting for the succession's final accounting to be approved, a majority of the heirs of an intestate decedent whose succession is under administration may ask to be sent into possession of all or part of the property before that final step. The petition follows the procedure Articles 3001 through 3008 set out for informal successions, except that any conflicting part of Article 3004 does not apply and the proceeding must be contradictory with the administrator rather than ex parte.

The court will not grant early possession automatically. It orders the administrator to show cause, and it must send the petitioners into possession unless the administrator or an heir demonstrates that irreparable injury would result, and unless it is also shown that adequate assets will remain in the succession to pay every claim, charge, debt, and obligation still outstanding. Both conditions protect creditors and other heirs from a premature transfer that could leave the estate unable to meet its obligations.

When the majority is sent into possession of only part of the property, the administration does not end. The administrator continues to administer whatever remains, so the succession can exist in a split state for a time, partly distributed and partly still under active administration.