ENROLLED
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ACT No. 226
Regular Session, 2010
HOUSE BILL NO. 80
BY REPRESENTATIVE TIM BURNS
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
other undivided one-half to the extent that he has the usufruct thereof. The judgment21
shall include the last known address of at least one of the heirs or legatees or the22
surviving spouse, as the case may be, sent into possession of the property of the23 ENROLLEDHB NO. 80
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deceased. The failure to include the address of at least one of the heirs or legatees1
or the surviving spouse shall not affect the validity of the judgment.2
C. A judgment sending one or more petitioners into possession under a3
testamentary usufruct or trust automatically incorporates all the terms of the4
testamentary usufruct or trust without the necessity of stating the terms in the5
judgment.6
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: