A judgment of possession shall be rendered and signed as provided in Article 3061. The judgment shall be rendered and signed only after a hearing contradictory with the succession representative, unless he joins in the petition, in which event the judgment shall be rendered and signed immediately.
Art. 3381.Judgment of Possession
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 11. Sending Heirs and Legatees Into Possession · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3381 provides that a judgment of possession is rendered and signed the way Article 3061 prescribes, following a contradictory hearing with the succession representative unless that representative joins in the petition, in which case the judgment is rendered and signed immediately.
Full Text of Art. 3381
Plain-English Summary
Section 3 of Chapter 11 supplies the article every petition described in the preceding sections is aimed at: the judgment of possession itself. Whether the petition came from an intestate heir under Article 3361 or 3362, or from a testate heir or legatee under Article 3371 or 3372, it all leads to this court act, which formally accomplishes the transfer of possession the earlier petitions requested.
Article 3381 borrows its rendering and signing rules from Article 3061, the same provision that governs judgments of possession in the informal successions Title II describes. That reuse keeps the mechanics consistent across both paths into possession, even though the underlying successions differ in whether administration occurred.
The article adds one requirement specific to administered successions: the judgment issues only after a hearing contradictory with the succession representative, unless that representative joins in the petition. Joinder signals that the executor or administrator has no objection, so the court can render and sign the judgment immediately rather than scheduling a contest. Article 3062, which follows Article 3061 in Title II, describes the legal effect of the resulting judgment.
Frequently Asked Questions
What is a judgment of possession?
It is the court judgment that formally transfers possession and ownership of succession property to the heirs or legatees entitled to it, the culminating act of the petitions described earlier in Chapter 11.
Does the succession representative have to attend a hearing before this judgment issues?
Only if the representative has not joined in the petition. If the representative joins, Article 3381 lets the judgment be rendered and signed immediately without a contradictory hearing.
Why does Article 3381 point back to Article 3061?
Because Article 3061 already sets out how a judgment of possession is rendered and signed in informal successions, and Article 3381 applies that same mechanism to administered successions rather than restating it.
Does this article change the legal effect of a judgment of possession?
No. Article 3381 governs how the judgment is rendered and signed; its legal effect is addressed by Article 3062.
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 3381 Louisianajudgment of possession Louisiana successionjudgment of possession administered successioncontradictory hearing succession representative Louisianahow a judgment of possession is signed Louisiana