RÉSUMÉ DIGEST
ACT 19 (HB 125) 2020 Regular Session Gregory Miller
Existing law (C.C. Art. 897) provides that ascendants inherit immovables that they gave to
their children or descendants of a more remote degree when the donee dies without posterity
and the immovable is part of the succession.
New law makes a technical change.
Prior law (C.C. Art. 1495) provided for the reduction of the legitime share of a forced heir
to an intestate share in certain circumstances. This is known as the Greenlaw rule.
New law moves the Greenlaw rule to new law C.C. Art. 1495.1 and provided for its
applicability to both the share of a forced heir in the first degree and a share of a forced heir
by representation.
New law (C.C. Art. 1495.1) provides for the calculation of an individual forced heir's
legitime when all forced heirs are of the first degree and when one or more forced heirs are
heirs by representation.
New law (C.C. Art. 1505) provides for the calculation of the disposable portion of the mass
of the succession.
New law provides for the proper mathematical order of the calculation so that the value of
the debts of a succession are subtracted prior to fictitiously adding donations within three
years of the date of the donor's death.
Existing law (C.C.P. Art. 2952) provides for the filing of a detailed descriptive list if no
inventory of the property left by the deceased has been taken.
New law provides that the detailed descriptive list may be sealed upon the request of an heir
or legatee and authorizes the court to release relevant information.
Existing law (C.C.P. Art. 3396.18) provides for the filing and sealing of an inventory or
detailed descriptive list in an independent administration of a succession.
New law clarifies that a judgment of possession is also required prior to the closing of an
independent administration of a succession.
Prior law (R.S. 9:2401) provides for the effectiveness of a will executed outside of this state.
New law repeals prior law as duplicative because the Conflicts of Laws provisions in the
Civil Code provide similar rules for the effectiveness of a will executed outside of this state.
Effective Aug. 1, 2020.
(Amends C.C. Arts. 897, 1495, and 1505(A) and (B) and C.C.P. Arts. 2952 and 3396.18(A);
Adds C.C. Art. 1495.1; Repeals R.S. 9:2401)