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Art. 81.Action Involving Succession

Title I. Courts · Chapter 2. Venue · Amendment history unavailable · Last verified July 30, 2026

In one sentenceArticle 81 requires certain actions against a deceased person's succession — creditor claims, partition, will challenges, and inheritance disputes — to be filed in the court where the succession proceeding is pending, until the judgment of possession closes it out.

Full Text of Art. 81

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When a succession has been opened judicially, until rendition of the judgment of possession, the following actions shall be brought in the court in which the succession proceeding is pending:
(1) A personal action by a creditor of the deceased; but an action brought against the deceased prior to his death may be prosecuted against his succession representative in the court in which it was brought;
(2) An action to partition the succession;
(3) An action to annul the testament of the deceased; and
(4) An action to assert a right to the succession of the deceased, either under his testament or by effect of law.

Plain-English Summary

"Succession" is Louisiana's civil-law term for what other states call a decedent's estate or probate proceeding — it covers both the transfer of a deceased person's rights and obligations to their heirs and the judicial process that administers that transfer. Once a succession has been opened judicially in a Louisiana court, Article 81 channels certain related actions into that same court, and keeps them there until the judgment of possession — the final court decree recognizing the heirs' ownership — closes the succession out.

Four kinds of actions are covered. A personal action by a creditor of the deceased must go to the succession court, though a suit already pending against the deceased before death may continue in the court where it was originally brought, now directed against the succession representative instead of the decedent personally. An action to partition the succession, an action to annul the deceased's will, and an action asserting a right to the succession — whether under the will or by operation of law — round out the list.

The practical effect is to consolidate the disputes most closely tied to settling an estate in a single court for as long as the succession remains open, rather than letting creditors, would-be heirs, and will contestants scatter related claims across different parishes.

Frequently Asked Questions

What does "succession" mean in Louisiana law?

It is Louisiana's civil-law term for a decedent's estate and the judicial proceeding that administers it — the equivalent of what other states call probate.

Why must a creditor sue the estate in the succession court?

Article 81 channels a personal action by a creditor of the deceased into the court where the succession proceeding is pending, keeping estate-related claims consolidated in one forum while the succession remains open.

What happens to a lawsuit that was already pending against someone who has since died?

It may continue in the court where it was originally filed, now directed against the succession representative rather than the deceased personally, rather than being forced into the succession court if that is a different court.

Does this rule apply forever?

No. It applies only until the judgment of possession is rendered, closing out the succession and recognizing the heirs' ownership of the estate's property.

Source & verification. Article text is reproduced verbatim from the vLex (Louisiana Code of Civil Procedure, 2026 Edition). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source
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