Art. 4395.Opposition; Homologation
Book VII. Special Proceedings · Title VI. Tutorship · Chapter 10. Accounting By Tutor · Amendment history unavailable · Last verified July 30, 2026
Full Text of Art. 4395
Plain-English Summary
Once an account is served, Article 4395 lays out what happens next. Anyone with standing to oppose the account can do so at any point before homologation -- there is no separate deadline that closes the window early, only the moment homologation itself occurs.
If an opposition is filed, it does not get folded into the general tutorship proceeding at whatever pace that case is moving. Article 4395 sends it to trial as a summary proceeding, Louisiana's faster, less formal procedural track suited to a discrete, focused dispute like a challenge to specific entries in an account, rather than the fuller ordinary-proceeding process.
If nobody opposes the account, the court does not have to wait indefinitely before approving it. Once ten days have passed from the date of service required under Article 4394, the court may homologate the account. That short window balances giving interested parties a real chance to review and object against letting an uncontested account move to approval without unnecessary delay.
Frequently Asked Questions
How long does someone have to oppose a tutor's account in Louisiana?
Any time before homologation. Article 4395 does not set an earlier cutoff, only that the opposition has to be filed before the court approves the account.
How is an opposition to a tutor's account tried?
As a summary proceeding, Louisiana's faster and less formal procedural track, rather than as part of the fuller ordinary-proceeding process.
When can a court approve an unopposed tutor's account?
Any time after ten days have passed from the date the account was served under Article 4394, so long as no opposition has been filed.
What does homologation of a tutor's account mean?
It is the court's formal approval of the account, the step Article 4395 authorizes once the opposition window closes without a challenge, or after any opposition that was filed is resolved.