A. At any time after the homologation of the final tableau of distribution, a legatee or an heir may file a petition to be sent into possession, alleging the facts showing that he is a legatee or an heir. Upon the filing of such a petition, the court shall order the executor to show cause why the petitioner should not be sent into possession. B. Evidence of the allegations in the petition for possession showing that the petitioner is a legatee or an heir shall be submitted to the court as provided by Articles 2821 through 2823.
Art. 3371.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
In one sentenceArticle 3371 gives a legatee or heir in a testate succession the same right Article 3361 gives an intestate heir, letting them petition after homologation of the final tableau of distribution to be sent into possession, with proof of status submitted under Articles 2821 through 2823.
Full Text of Art. 3371
Amendment History
Acts 1997, No. 1421, §3, eff. 7/1/1999.
Plain-English Summary
Section 2 of Chapter 11 mirrors Section 1, but for testate successions, where an executor rather than an administrator has been managing the estate. Article 3371 lets a legatee or an heir file a petition to be sent into possession at any time after the court homologates the final tableau of distribution, alleging the facts that show the petitioner qualifies as a legatee or heir. Filing the petition triggers a court order directing the executor to show cause why the petitioner should not be sent into possession, the same structure Article 3361 sets up on the intestate side.
Subsection B adds a proof requirement not spelled out for the intestate version: evidence supporting the allegations in the petition must be submitted as Articles 2821 through 2823 provide. Those articles, found in Title I, govern how jurisdiction, death, and relationship are established, typically by affidavit, so this cross-reference keeps the possession petition tied to the same evidentiary framework used earlier in the succession proceeding.
As with the intestate track, this after-homologation route is the ordinary timing. Article 3372 sets out the earlier alternative available to legatees before homologation.
Frequently Asked Questions
Who can file a petition under Article 3371, heirs or legatees?
Both. Article 3371 applies to a legatee or an heir in a testate succession seeking to be sent into possession after homologation of the final tableau of distribution.
What evidence has to support a petition under this article?
Evidence establishing the petitioner's status as a legatee or heir, submitted under Articles 2821 through 2823, the same rules used elsewhere in Book VI to prove jurisdiction, death, and relationship.
Does the executor have to consent to the petition?
No. The court orders the executor to show cause why the petitioner should not be sent into possession, but the executor's agreement is not a precondition to filing.
How does Article 3371 differ from the process for intestate successions?
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
Also known as: Article 3371 Louisianalegatee sent into possession after homologationtestate succession possession after final tableauevidence of heirship testate succession Louisianaexecutor show cause possession Louisiana