HLS 10RS-731 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
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Regular Session, 2010
HOUSE BILL NO. 80
BY REPRESENTATIVE TIM BURNS
JUDGMENTS/CIVIL: Provides relative to judgments of possession
AN ACT1
To amend and reenact Code of Civil Procedure Article 3061, relative to judgments of2
possession; to provide for the automatic inclusion of the terms of a testamentary3
usufruct; to provide for the automatic inclusion of the terms of a testamentary trust;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Civil Procedure Article 3061 is hereby amended and reenacted7
to read as follows: 8
Art. 3061. Judgment rendered and signed immediately9
A. The court shall render and sign immediately a judgment of possession,10
if it finds from an examination of the petition for possession, and from the record of11
the proceeding, that the petitioners are entitled to the relief prayed for, and that all12
inheritance taxes due have been paid or deposited into the registry of the court, or13
that no such taxes are due and that an inheritance tax return, when required, with the14
required accompanying documents, has been filed with the collector of revenue. 15
B. The judgment shall recognize the petitioners as the heirs, legatees,16
surviving spouse in community, or usufructuary, as the case may be, of the deceased,17
send the heirs or legatees into possession of the property owned by the deceased at18
the time of his death, and recognize the surviving spouse in community as entitled19
to the possession of an undivided one-half of the community property, and of the20 HLS 10RS-731 ENGROSSED
HB NO. 80
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other undivided one-half to the extent that he has the usufruct thereof. The judgment1
shall include the last known address of at least one of the heirs or legatees or the2
surviving spouse, as the case may be, sent into possession of the property of the3
deceased. The failure to include the address of at least one of the heirs or legatees4
or the surviving spouse shall not affect the validity of the judgment.5
C. A judgment sending one or more petitioners into possession under a6
testamentary usufruct or trust automatically incorporates all the terms of the7
testamentary usufruct or trust without the necessity of stating the terms in the8
judgment.9
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Tim Burns HB No. 80
Abstract: Provides that a judgment of possession automatically includes certain terms
when made in accordance with a testamentary usufruct or trust.
Present law provides that the court shall render and sign a judgment of possession if it finds
that the petitioners are entitled to the relief prayed for.
Present law requires the judgment to recognize the petitioners as the heirs, legatees,
surviving spouse, or usufructuary and send them into possession.
Proposed law retains present law and additionally provides that the judgment of possession
automatically includes, without restating, all the terms and provisions of the testamentary
usufruct or trust when it sends petitioners into possession in accordance with such usufruct
or trust.
(Amends C.C.P. Art. 3061)