Louisiana Civil Code

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BOOK III - OF THE DIFFERENT MODES OF ACQUIRING THE OWNERSHIP OF THINGS

 

PRELIMINARY TITLE - GENERAL DISPOSITIONS

Art. 870. A. The ownership of things or property is acquired by succession either testate or intestate, by the effect of obligations, and by the operation of law.

B. Testate and intestate succession rights, including the right to claim as a forced heir, are governed by the law in effect on the date of the decedent's death. [Acts 1981, No. 919, §1, eff. Jan. 1, 1982; Acts 2001, No. 560, §1, eff. June 22, 2001]

 

TITLE I - OF SUCCESSIONS

 

CHAPTER 1 - OF THE DIFFERENT SORTS OF SUCCESSIONS AND SUCCESSORS

Art. 871. Succession is the transmission of the estate of the deceased to his successors. The successors thus have the right to take possession of the estate of the deceased after complying with applicable provisions of law. [Acts 1981 No. 919, §1, eff. Jan. §1, 1982]

Art. 872. The estate of a deceased means the property, rights, and obligations that a person leaves after his death, whether the property exceeds the charges or the charges exceed the property, or whether he has only left charges without any property. The estate includes not only the rights and obligations of the deceased as they exist at the time of death, but all that has accrued thereto since death, and the new charges to which it becomes subject. [Acts 1981, No. 919, §1, eff. Jan. 1, 1982]

Art. 873. There are two kinds of succession: testate and intestate. [Acts 1981, No. 919, §1, eff. Jan. 1, 1982]

Art. 874. Testate succession results from the will of the deceased, contained in a testament executed in a form prescribed by law. This kind of succession is covered under the Title: Of donations inter vivos and mortis causa. [Acts 1981, No. 919, §1, eff. Jan. 1, 1982]

Art. 875. Intestate succession results from provisions of law in favor of certain persons, in default of testate successors. Intestate succession is the subject of the present title. [Acts 1981, No. 919, §1, eff. Jan. 1, 1982]

Art. 876. There are two kinds of successors corresponding to the two kinds of succession described in the preceding articles:

Testate successors, also called legatees.

Intestate successors, also called heirs. [Acts 1981, No. 919, §1, eff. Jan. 1, 1982]

Arts. 877-879. [Repealed. Acts 2001, No. 572, §2]

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