Art. 3004.  Discretionary power to send heirs and surviving spouse into possession

A.  The heirs of an intestate decedent may be recognized by the court, and sent into possession of his property without an administration of his succession when none of the creditors of the succession has demanded its administration, on the ex parte petition of any of the following:

(1)  Those of the heirs who are competent, if all of them accept the succession.

(2)  The legal representative of the incompetent heirs, if all of the heirs are incompetent and a legal representative has been appointed therefor.

(3)  The surviving spouse in community of the decedent, if all of the heirs are incompetent and no legal representative has been appointed for some or all of them.

B.  In such cases, the surviving spouse in community of the decedent may be recognized by the court as entitled to the possession of the community property, as provided in Article 3001.

Amended by Acts 1961, No. 23, §1; Acts 1997, No. 1421, §3, eff. July 1, 1999.