HLS 18RS-667 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 173
BY REPRESENTATIVE GAROFALO
SUCCESSIONS: Provides relative to an heir's interests in succession property
1 AN ACT
2To amend and reenact R.S. 9:5630(A) and 5632, relative to successions; to provide relative
3 to actions by successors; to provide relative to prescription; and to provide for related
4 matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 9:5630(A) and 5632 are hereby amended and reenacted to read as
7follows:
8 §5630. Actions by unrecognized successor against third persons
9 A. An action by a person who is a successor of a deceased person, and who
10 has not been recognized as such in the judgment of possession rendered by a court
11 of competent jurisdiction, to assert an interest in an immovable formerly owned by
12 the deceased, against a third person, or his successors, who has acquired an interest
13 in the immovable by onerous title from a person recognized as an heir or legatee of
14 the deceased in the judgment of possession, or his successors, is prescribed in two
15 years from the date of the recording of the judgment of possession in the conveyance
16 records of the parish in which the property is located of the finality of the judgment
17 of possession.
18 * * *
19 §5632. Actions against succession representatives, tutors, and curators; defect in
20 alienations, encumbrances, or leases private sales or mortgages
21 A. When the legal procedure is defective or does not comply with the
22 requisites of law in the alienation, encumbrance, or lease of movable or immovable
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-667 ORIGINAL
HB NO. 173
1 property made by a legal representative of a succession, minor, or interdict, provided
2 an order of court has been entered authorizing such alienation, encumbrance, or
3 lease, any action shall be prescribed against by those claiming such defect or lack of
4 compliance after the lapse of two years from the time of making such alienation,
5 encumbrance, or lease.
6 B. This prescriptive period shall also apply to an alienation, encumbrance or
7 lease of movable or immovable property by an independent succession representative
8 provided an order of court has been entered authorizing independent administration.
9 C. This Section shall be applied both retrospectively and prospectively,
10 however, any person whose rights would be adversely affected by this Section, shall
11 have six months from July 10, 1990 within which to assert the action described in
12 Subsection A of this Section and if no such action is instituted within that time, such
13 claim shall be forever barred.
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)]
HB 173 Original 2018 Regular Session Garofalo
Abstract: Modifies the prescriptive period for certain successors of decedents and adds a
prescriptive period for actions by independent succession representatives.
Present law (R.S. 9:5630) provides that an action by a successor of a decedent not
recognized in a judgment of possession against a third person who acquired an interest in
immovable property by onerous title is prescribed in two years from the finality of the
judgment of possession.
Proposed law provides that the action is prescribed in two years from the recording of the
judgment of possession in the parish in which the property is located.
Present law (R.S. 9:5632) provides that any action against succession representatives, tutors,
and curators claiming defective legal procedure or noncompliance with the law in the
alienation, encumbrance, or lease of movable or immovable property is prescribed two years
from the making of the alienation, encumbrance, or lease.
Proposed law maintains present law but provides that the prescriptive period also applies to
actions by independent succession representatives.
(Amends R.S. 9:5630(A) and 5632)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.