Art. 3395.Disposition of Movables Not Accepted By Heir
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 12. Discharge of Succession Representative · Amendment history unavailable · Last verified July 30, 2026
Full Text of Art. 3395
Plain-English Summary
Article 3394 solves the problem of an unwilling or unable recipient when what is owed is money. Article 3395 solves the same problem for corporeal movable property, meaning tangible personal property such as furniture, vehicles, or household items, which cannot be deposited in a bank the way cash can.
When the succession representative holds property of that kind and an heir, legatee, or creditor will not or cannot accept delivery and give a receipt for it, the representative may ask the court for direction rather than let the property sit indefinitely in the succession's possession. The Code leaves the actual method open, letting the court decide the disposition that fits the circumstances, whether that means a sale, storage, delivery to a different party, or some other arrangement.
That flexibility mirrors Article 3394's approach: give the representative a way to move the succession toward discharge under Article 3391 even when a particular recipient stands in the way, without forcing the representative to guess at a solution on their own authority.
Frequently Asked Questions
What happens to personal property nobody will accept from a succession?
The succession representative may ask the court for direction on how to dispose of it under Article 3395, since the property cannot be deposited the way cash can.
How is Article 3395 different from Article 3394?
Article 3394 addresses money owed that a recipient will not accept, allowing deposit in a bank or the court registry; Article 3395 addresses tangible personal property in the same situation, letting the court direct its disposition instead.
Does the representative decide what to do with unclaimed property alone?
No. The representative may dispose of the property only as the court directs, not on independent judgment.
What counts as a corporeal movable under Louisiana law?
Tangible personal property, such as furniture, vehicles, or household goods, as opposed to money, immovable property, or incorporeal rights.