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.

Art. 871. Meaning of succession

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.

Art. 872. Meaning of estate

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.

Art. 873. Kinds of succession

There are two kinds of succession: testate and intestate.

Art. 874. Testate succession

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.

Art. 875. Intestate succession

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.

Art. 876. Kinds of successors

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.

Art. 877. Unconditional and beneficiary successors

Successors are divided into two classes according to the manner in which they accept the estate transmitted to them: unconditional successors and beneficiary successors.

Art. 878. Unconditional successors

Unconditional successors are those who accept without any reservation, or without making an inventory, whether their acceptance be express or tacit.

Art. 879. Beneficiary successors

Beneficiary successors are those who accept under the benefit of an inventory as provided by law.

CHAPTER 2. OF INTESTATE SUCCESSION

Art. 880. Intestate succession

In the absence of valid testamentary disposition, the undisposed property of the deceased devolves by operation of law in favor of his descendants, ascendants, and collaterals, by blood or by adoption, and in favor of his spouse not judicially separated from him, in the order provided in and according to the following articles.

Art. 881. Representation: effect

Representation is a fiction of the law, the effect of which is to put the representative in the place, degree, and rights of the person represented.

Art. 882. Representation in direct line of descendants

Representation takes place ad infinitum in the direct line of descendants. It is permitted in all cases, whether the children of the deceased concur with the descendants of the predeceased child, or whether, all the children having died before him, the descendants of the children be in equal or unequal degrees of relationship to the deceased. For purposes of forced heirship, representation takes place only as provided in Article 1493.

Art. 883. Representation of ascendants not permissible

Representation does not take place in favor of the ascendants, the nearest relation in any degree always excluding those of a more remote degree.

Art. 884. Representation in collateral line

In the collateral line, representation is permitted in favor of the children and descendants of the brothers and sisters of the deceased, whether they succeed in concurrence with their uncles and aunts, or whether, the brothers and sisters of the deceased having died, their descendants succeed in equal or unequal degrees.

Art. 885. Basis of partition in cases of representation

In all cases in which representation is permitted, the partition is made by roots; if one root has produced several branches, the subdivision is also made by roots in each branch, and the members of the same branch take by heads.

Art. 886. Representation of deceased persons only

Only deceased persons may be represented.

Art. 887. Representation of decedent whose succession was renounced

One who has renounced his right to succeed to another may still enjoy the right of representation with respect to that other.

Art. 888. Succession rights of descendants

Descendants succeed to the property of their ascendants. They take in equal portions and by heads if they are in the same degree. They take by roots if all or some of them succeed by representation.

Art. 889. Devolution of community property

If the deceased leaves no descendants, his surviving spouse succeeds to his share of the community property.

Art. 890. Usufruct of surviving spouse

If the deceased spouse is survived by descendants and shall not have disposed by testament of his share in the community property, the surviving spouse shall have a legal usufruct over so much of that share as may be inherited by the descendants. This usufruct terminates when the surviving spouse contracts another marriage, unless confirmed by testament for life or for a shorter period.

The deceased may by testament grant a usufruct for life or for a shorter period to the surviving spouse over all or part of his separate property.

A usufruct authorized by this Article is to be treated as a legal usufruct and is not an impingement upon legitime.

If the usufruct authorized by this Article affects the rights of heirs other than children of the marriage between the deceased and the surviving spouse or affects separate property, security may be requested by the naked owner.

Art. 890.1. Usufruct of surviving spouse of retirement plan

If a recurring payment is being made from a public or private pension or retirement plan, an annuity policy or plan, an individual retirement account, a Keogh plan, a simplified employee plan, or any other similar retirement plan, to one partner or to both partners of a marriage, and the payment constitutes community property, and one spouse dies, the surviving spouse shall enjoy a legal usufruct over any portion of the continuing recurring payment which was the deceased spouse's share of their community property, provided the source of the benefit is due to payments made by or on behalf of the survivor.

This usufruct shall exist despite any provision to the contrary contained in a testament of the deceased spouse.

The usufruct granted by this Article shall be treated as a legal usufruct and is not an impingement upon the legitime and a naked owner shall not have a right to demand security.

Art. 891. Devolution of separate property; parents and brothers and sisters

If the deceased leaves no descendants but is survived by a father, mother, or both, and by a brother or sister, or both, or descendants from them, the brothers and sisters or their descendants succeed to the separate property of the deceased subject to a usufruct in favor of the surviving parent or parents. If both parents survive the deceased, the usufruct shall be joint and successive. A parent, for purposes of this and the following article, includes one who is legitimately filiated to the deceased or who is filiated by legitimation or by acknowledgement under Article 203 or by judgment under Article 209 or who has openly and notoriously treated the child as his own and has not refused to support him.

Art. 892. Devolution of separate property in absence of parents or in absence of brothers and sisters

If the deceased leaves neither descendants nor parents, his brothers or sisters or descendants from them succeed to his separate property in full ownership to the exclusion of other ascendants and other collaterals.

If the deceased leaves neither descendants nor brothers or sisters, nor descendants from them, his parent or parents succeed to the separate property to the exclusion of other ascendants and other collaterals.

Art. 893. Brothers and sisters related by half-blood

The property that devolves to the brothers or sisters is divided among them equally, if they are all born of the same parents. If they are born of different unions, it is equally divided between the paternal and maternal lines of the deceased: brothers or sisters fully related by blood take in both lines and those related by half-blood take each in his own line. If there are brothers or sisters on one side only, they take the entirety to the exclusion of all relations in the other line.

Art. 894. Separate property; rights of surviving spouse

If the deceased leaves neither descendants, nor parents, nor brothers, sisters, or descendants from them, his spouse not judicially separated from him shall succeed to his separate property to the exclusion of other ascendants and other collaterals.

Art. 895. Separate property; rights of other ascendants

If a deceased leaves neither descendants, nor brothers, sisters, or descendants from them, nor parents, nor spouse not judicially separated, his other ascendants succeed to his separate property. If the ascendants in the paternal and maternal lines are in the same degree, the property is divided into two equal shares, one of which goes to the ascendants on the paternal side, and the other to the ascendants on the maternal side, whether the number of ascendants on each side be equal or not. In this case, the ascendants in each line inherit by heads.

If there is in the nearest degree but one ascendant in the two lines, such ascendant excludes ascendants of a more remote degree.

Art. 896. Separate property; rights of other collaterals

If the deceased leaves neither descendants, nor brothers, sisters, or descendants from them, nor parents, nor spouse not judicially separated, nor other ascendants, his other collaterals succeed to his separate property. Among the collateral relations, the nearest in degree excludes all the others. If there are several in the same degree, they take equally and by heads.

Art. 897. Ascendant's right to inherit immovables donated to descendant

Ascendants, to the exclusion of all others, inherit the immovables given by them to their children or their descendants of a more remote degree who died without posterity, when these objects are found in the succession.

If these objects have been alienated, and the price is yet due in whole or in part, the ascendants have the right to receive the price. They also succeed to the right of reversion on the happening of any event which the child or descendant may have inserted as a condition in his favor in disposing of those objects.

Art. 898. Reversion of property subject to encumbrances and succession debts

Ascendants inheriting the things mentioned in the preceding article, which they have given their children or descendants who die without issue, take them subject to all the mortgages which the donee may have imposed on them during his life.

Also ascendants exercising the right of reversion are bound to contribute to the payment of the debts, of the succession, in proportion to the value of the objects given.

Art. 899. Nearest in degree among more remote relations

Among the successors in each class the nearest relation to the deceased,[fn1] according to the following articles, is called to succeed.

[fn1] The commas following "deceased" and "articles" were added on authority of LSA-R.S. 24:253.

Art. 900. Degrees of relationship

The propinquity of consanguinity is established by the number of generations, and each generation is called a degree.

Art. 901. Direct and collateral relationship

The series of degrees forms the line. The direct line is the series of degrees between persons who descend one from another. The collateral line is the series of degrees between persons who do not descend one from another, but who descend from a common ancestor.

In the direct line, the number of degrees is equal to the number of generations between the heir and the deceased. In the collateral line, the number of degrees is equal to the number of generations between the heir and the common ancestor, plus the number of generations between the common ancestor and the deceased.

CHAPTER 3. OF THE RIGHTS OF THE STATE

Art. 902. Rights of the state

In default of blood, adopted relations, or a spouse not judicially separated, the estate of the deceased belongs to the state.

Art. 903 to Art. 933. [Blank]

CHAPTER 4. IN WHAT MANNER SUCCESSIONS ARE OPENED

Art. 934. Opening of succession on death or presumption of death

The succession, either testamentary or legal, or irregular, becomes open by death or by presumption of death caused by long absence, in the cases established by law.

Art. 935. Repealed by Acts 1960, No. 30, § 2, eff. Jan. 1, 1961

Art. 936. Several deaths by same event; presumption of survivorship

If several persons respectively entitled to inherit from one another, happen to perish in the same event, such as a wreck, a battle, or a conflagration, without any possibility of ascertaining who died first, the presumption of survivorship is determined by the circumstances of the fact.

Art. 937. Presumption of survivorship; basis of determination

In the absence of circumstances of the fact, the determination must be guided by the probabilities resulting from age according to the following rules.

Art. 938. Age as factor in determining presumption of survivorship

A. If those who have perished together were under the age of fifteen years, the eldest shall be presumed to have survived.

B. If they were above the age of sixty years, the youngest shall be presumed to have survived.

C. If some were under sixty years of age, and some were sixty years of age or older, the first shall be presumed to have survived.

D. If some were under the age of fifteen years, and some were fifteen years or older and less than sixty years of age, the latter shall be presumed to have survived.

E. If they were fifteen years of age or older and under sixty years, the younger shall be presumed to have survived the elder.

Art. 939. Repealed by Acts 1985, no. 526, § 2

Art. 940. Seizin of heirs, intestate and testamentary

A succession is acquired by the legal heir, who is called by law to the inheritance, immediately after the death of the deceased person to whom he succeeds.

This rule applies also to testamentary heirs, to instituted heirs and universal legatees, but not to particular legatees.

Art. 941. Seizin by operation of law

The right mentioned in the preceding article is acquired by the heir by the operation of the law alone, before he has taken any step to put himself in possession, or has expressed any will to accept it.

Thus children, idiots, those who are ignorant of the death of the deceased, are not the less considered as being seized of the succession, though they be merely seized of right and not in fact.

Art. 942. Seizin; nature and extent of heir's possession

The heir being considered seized of the succession from the moment of its being opened, the right of possession, which the deceased had, continues in the person of the heir, as if there had been no interruption, and independent of the fact of possession.

Art. 943. Seizin; nature and extent of heir's possession

The right of possession, which the deceased had, being continued in the person of his heir, it results that this possession is transmitted to the heir with all its defects, as well as all its advantages, the change in the proprietor producing no alteration in the nature of the possession.

Thus the extent of the rights of the deceased regulates those of the heir, who succeeds to all his rights which can be transmitted, that is, to all those which are not, like usufruct, attached to the person of the deceased.

Art. 944. Seizin; transmission of succession rights to heirs of heir

The heir being considered as having succeeded to the deceased from the instant of his death, the first effect of this right is that the heir transmits the succession to his own heirs, with the right of accepting or renouncing, although he himself have not accepted it, and even in case he was ignorant that the succession was opened in his favor.

Art. 945. Seizin; actions by heir

The second effect of this right is to authorize the heir to institute all the actions, even possessory ones, which the deceased had a right to institute, and to prosecute those already commenced. For the heir, in every thing, represents the deceased, and is of full right in his place as well for his rights as his obligations.

Art. 946. Seizin; effect of acceptance or rejection of succession

Though the succession be acquired by the heir from the moment of the death of the deceased, his right is in suspense, until he decide whether he accepts or rejects it.

If the heir accept, he is considered as having succeeded to the deceased from the moment of his death; if he rejects it, he is considered as never having received it.

Art. 947. Acceptance; retroactivity

The heir, who accepts, is considered as having succeeded to the deceased from the moment of his death, not only for the part of the succession belonging to him in his own right, but for the parts accruing to him by the renunciation of his coheirs in the succession of the deceased.

Art. 948. Seizin of heirs in next degree after renunciation by nearest heirs

When all the heirs in the nearest degree renounce the succession, which is accepted by those in the next degree, these last are considered as having succeeded directly and immediately to the rights and effects of the succession from the moment of the death of the deceased.

Therefore the heirs, thus succeeding by the renunciation of relations nearer in degree, transmit the succession to their own heirs, if they die before having accepted it, in the same manner as if they had succeeded in the first degree to the deceased.

Art. 949. Absence of seizin for natural children and surviving spouse; necessity for being put in possession

Natural children and the surviving husband or wife before being put into possession of the estate left to them, are not considered as having succeeded to the deceased from the instant of his death; but they do not the less transmit their rights to their heirs, if they die before having made their demand to be put into possession. The reason is, that this sort of heirs having only a right of action to cause themselves to be put into possession of successions thus falling to them, this right and this action form a part of their succession, which they transmit to their heirs.

CHAPTER 5. OF THE INCAPACITY AND UNWORTHINESS OF HEIRS

Art. 950. Incapacity; time for determination

The incapacity of heirs is the absence of those qualities required in order to inherit at the moment the succession is opened. He who wants these qualities at this time can not be the heir.

It is at the moment of the opening of the succession that the capacity or incapacity of the heir, who presents himself to claim an intestate succession, is considered.

Art. 951. Presumption of capacity

All persons, even minors, lunatics, persons of insane mind and the like, may transmit their estates ab intestato and inherit from others.

Art. 952. Burden of proof of incapacity

The incapacity of heirs is not presumed. He who alleges it must prove it.

Art. 953. Existence of heir at opening of succession

In order to be able to inherit, the heir must exist at the moment that the succession becomes open.

Art. 954. Capacity of unborn child or child legitimated by marriage after conception

The child in its mother's womb is considered as born for all purposes of its own interest; it takes all successions opened in its favor since its conception, provided it be capable of succeeding at the moment of its birth.

And the child legitimated by a marriage posterior to its conception only takes those successions which are opened since the marriage of the father and mother.

Art. 955. Necessity for live birth of child in utero at opening of succession

Nevertheless, if the child conceived is reputed born, it is only in the hope of its birth; it is necessary then that the child be born alive, for it can not be said those who are born dead have ever inherited.

Art. 956. Mode of birth and length of life immaterial

When the child is born alive, thought it may have been extracted by force from its mother's womb, and may have lived but an instant, provided the fact of its living be ascertained, it inherits the successions opened in its favor since its conception, and transmits them accordingly.

Art. 957. Proof of conception and live birth

There are two things to be proved in order to vest the child with the right of inheriting; one that the child be conceived at the moment of the opening of the succession; the other, that the child be born alive.

Art. 958. Determination of time of conception

In order to ascertain if the child has been conceived in marriage, and can inheit from the husband deceased after its conception, reference must be had to the rules concerning the filiation of legitimate children established in the title: Parent and Child.

Art. 959. Husband's right to succession of wife's child whose legitimacy incontestable

In all cases in which the husband can not, by law contest the legitimacy of the child, born before the hundred and eightieth day of marriage, he will have a right to the succession of this child and to those successions which fall to this child, in the same manner as if the child had been regularly legitimated.

Art. 960. Remarriage of widow; rights of posthumous child to succession of first husband

If the mother marry again within two months after the death of her husband, and a child is born five months after the second marriage, if the child be born capable of living, it is considered the issue of the first marriage, and is admitted to the succession of the first husband.

Art. 961. Calculation of time required for live birth

In the calculation of the number of months necessary for a child to be considered as born capable of living, thirty days are counted for each month, and the day begun is counted for a whole day, because it is for the interest of the child.

Art. 962. Burden of proof of conception and live birth

Though in general it is incumbent on those who allege incapacity to inherit to prove it, nevertheless, those who claim rights under the child, on account of its having survived, are bound to prove that it was conceived at the time the succession was opened, and that it came into the world alive.

Art. 963. Tests of live birth

With regard to the proofs necessary to establish the existence of the child at the moment of its birth, it must not be determined that it was born alive by the simple palpitations of its members, but by its respirations, or by other signs which demonstrate its existence.

Art. 964. Unworthiness

They are called unworthy, in matters of succession, who, by the failure in some duty towards a person, have not deserved to inherit from him, and are inconsequence deprived of his succession.

Art. 965. Unworthiness and incapacity, distinction

There is this difference between being unworthy and incapable of inheriting, that he who is declared incapable of inheriting, has never been heir, whilst he who is declared unworthy, is not the less heir on that account, if he has the other qualities required by law to inherit. Thus a person unworthy of inheriting remains seized of the succession, until he is deprived of it by a judgment, which declares him divested of it for cause of unworthiness.

Art. 966. Causes of unworthiness

Persons unworthy of inheriting, and, as such, deprived of the successions to which they are called, are the following:

1. Those who have been convicted of a crime involving the intentional killing or attempted killing of the deceased, or, if not convicted, who are judicially determined to have participated in the intentional, unjustified killing or attempted killing of the deceased. An executive pardon shall not restore the right to succeed.

2. Those who have brought against the deceased some accusation found calumnious, which tended to subject the deceased to an infamous or capital punishment.

3. Those who, being apprised of the murder of the deceased, have not taken measures to bring the murderer to justice.

Art. 967. Necessity for judicial declaration of unworthiness

The unworthiness is never incurred by the act itself; it must be pronounced by the court in a suit instituted against the heir accused of unworthiness, after he has been duly cited.

Art. 968. Failure to denounce murderer who is spouse or relative of heir

Not denouncing the murder of the deceased shall not be opposed as a cause of unworthiness in the heir, if such heir is the husband or wife of the murderer, or his relation in the ascending, descending or collateral line, down to the third degree inclusively.

Art. 969. Restitution by unworthy heir

If the heir be declared unworthy of inheriting by a definitive judgment, he shall be condemned to deliver to the relations succeeding on his default, or those who have succeeded jointly with him, not only the effects of the succession of which he has had the use since its opening, but all the fruits, revenues and interest he has derived from such effects, since the opening of the succession.

Art. 970. Sales by heir prior to judgment of unworthiness

The heir being legally seized of the succession, until a definitive judgment be pronounced declaring that he is unworthy and that he be divested of the succession, all sales, which he may have made of the property of the succession, are valid, provided they have been made without fraud on the part of the purchasers.

The sales are also valid, though they may have been made since the institution of the suit to determine the unworthiness of the heir, if the purchasers had not and could not have been informed of its being instituted.

But in all cases the heir, thus divested of the succession, shall be condemned to restore the price of these sales, with interest from the day of the demand; and the relations who succeed on his default, after his destitution is pronounced, shall alone have the right to exact and receive the sums remaining due on the price of these sales from the purchasers.

Art. 971. Mortgages by heir prior to judgment of unworthiness

Mortgages stipulated without fraud by the heir who is afterwards divested for cause of unworthiness, also remain in force in favor of the parties with whom they have been contracted, reserving to the person succeeding to the inheritance, his recourse against the unworthy heir.

Art. 972. Revival of unworthy heir's rights and actions against succession

The destitution pronounced against the heir revives in his favor all the rights and actions which he had against the succession, and which had been for a time extinguished by confusion.

So, in case he had paid any creditors of the succession, he shall be reimbursed, and those who have not been paid have no right of action against him. The rights and actions of the succession against the heir, who is divested for cause of unworthiness, are also revived.

Art. 973. Inheritance by children of unworthy heir

The children of the person declared unworthy to succeed, being admitted to the succession ab intestato in their own name and without the aid of representation, are not excluded by the fault of their father; but the father can not claim, in any case, upon the property of that succession, the usufruct which the law grants him in certain cases.

Art. 974. Right of action to exclude for incapacity or unworthiness

The exclusion, either for cause of incapacity or unworthiness, may be sued for by a relation who is called to the succession in default of the unworthy heir, or in concurrence with him, and such right shall extend to the heirs, successors, or assigns of the relation. This kind of suit shall be determined in the same manner as other civil actions.

Art. 975. Reconciliation or pardon

Suits to establish the unworthiness of heirs can not be sustained, if there has been a reconciliation or pardon on the part of him to whom the injury was done.

If, therefore, a father has full knowledge of an injury done to him by one of his children, and dies without disinheriting him, though he has sufficient time to make his will since he has had this knowledge, he will be considered as having forgiven the injury, and the child can not be deprived of the succession of his father on account of unworthiness.

CHAPTER 6. IN WHAT MANNER SUCCESSIONS ARE ACCEPTED, AND HOW THEY ARE RENOUNCED

SECTION 1. OF THE ACCEPTANCE OF SUCCESSIONS

Art. 976. Rules applicable to testamentary and intestate successions

All the rules relating to the acceptance, renunciation or partition of successions, the collation of goods and payment of debts, contained in this title, are applicable to testamentary as well as to intestate successions.

Art. 977. Right to accept or renounce; acceptance on behalf of minors

No one can be compelled to accept a succession, in whatever manner it may have fallen to him, whether by testament or the operation of law. He may therefore accept or renounce it.

It shall not be necessary for minor heirs to make any formal acceptance of a succession that may fall to them, but such acceptance shall be considered as made for them with benefit of inventory by operation of law, and shall in all respects have the force and effect of a formal acceptance.

Art. 978. Opening of succession as prerequisite to acceptance

To be able to accept a succession, it is necessary that the succession should be open by the death of the person who is to be succeeded.

If therefore, on the false report of the death of a person, his relation, who is to inherit from him, assumes the quality of his heir, and is put into possession of his effects, these acts do not render his relation his heir, even after his death, unless since his death, his relation has continued to act as his heir.

Art. 979. Time for acceptance

A person can not accept a succession before it has fallen to him.

Thus, a relation to the deceased in the second degree can neither accept nor renounce the succession, until he who is related in the first degree, has expressed his intention on the subject.

And in testamentary successions, the heir ab intestato can neither accept nor renounce, until the instituted heir has decided to accept or renounce the succession.

Art. 980. Heirs' knowledge of opening of succession

It is not sufficient that the succession be fallen, it is also necessary, for the validity of the acceptance, that the heir know in a certain manner that it is opened or fallen to him.

Thus, he who is ignorant of the death of the deceased, though the succession be really opened, can neither accept nor renounce it.

Art. 981. Discovery of will after intestate acceptance

If the heir ab intestato accepts the succession, under the impression that there is no will, his acceptance is null, if a will be discovered, of the existence of which he was ignorant.

Art. 982. Nullity of acceptance under error as to title

He who accepts ought to know under what title the succession is left to him, so that if the instituted heir accepts the succession as coming to him ab intestato, the act is null.

Art. 983. Sufficiency of knowledge for valid acceptance

It is sufficient to establish the validity of the acceptance, that the heir knows that the succession is opened, and that he is called to it. It is not necessary that he should know what portion of it is left to him.

It is of no moment if he be mistaken as to the degree of relationship which he bears to the deceased, and which gives him the right to inherit from him; thought it may affect the amount of the portion coming to him, his acceptance is not the less valid on that account, since he is an heir.

Art. 984. Premature acceptance or rejection; subsequent proper action

The acceptance or rejection made by the heir, before the succession is opened or left, is absolutely null and can produce no effect; but this does not prevent the heir who has thus accepted, from accepting or rejecting validly the succession when his right is complete.

Art. 985. Acceptance or renunciation by conditional heir

The heir who is instituted under a condition can not accept nor renounce the succession, before the condition has happened, or while he remains in ignorance of the condition having happened.

It is the same, if he be ignorant of the institution which is made in his favor.

Art. 986. Divisibility of acceptance; effect

He who has the power of accepting the entire succession can divide and accept only a part, but with the same effect as to the debts of the succession as if he had accepted in full.

Art. 987. Retroactivity of acceptance

The effect of the acceptance goes back to the day of the opening of the succession.

Art. 988. Simple acceptance; express or tacit

The simple acceptance may be either express or tacit.

It is express, when the heir assumes the quality of heir in an unqualified manner, in some authentic or private instrument, or in some judicial proceeding.

It is tacit, when some act is done by the heir, which necessarily supposes his intention to accept, and which he would have no right to do but in his quality of heir.

Art. 989. Express acceptance

By the word instrument used in the preceding article, is understood any writing made with the intention of obliging himself or contracting as heir, and not a simple letter or note in which the person who is called to the succession may have styled himself the heir. Still less is a verbal declaration binding on him.

Art. 990. Tacit acceptance

It is necessary that the intention should be united to the fact, or rather manifested by the fact, in order that the acceptance be inferred.

Art. 991. Disposing of things not known to be part of succession

The person who is called to the succession, if he dispose of a thing which he does not know to belong to the succession, does not thereby do an act that will make him liable as heir, because such an act does not include the will to accept.

Art. 992. Dealing with things believed part of succession

On the other hand, there are some acts which, though in reality they are foreign to the succession, nevertheless evidently manifest the will to accept; as, for example, if the person, who is called to the succession, possess himself or dispose of effects found in the succession, thinking that they belong to it, he does an act which makes him liable as heir, because his belief that the effects appertained to the succession is sufficient to establish his will to accept.

Art. 993. Implied intent to accept

There are some facts, which necessarily suppose the will of being heir, and others which may be differently interpreted, according to circumstances.

Art. 994. Acts of ownership; acts of preservation

All those acts of ownership, which the person called to the succession can only do in quality of heir, suppose necessarily his acceptance, for to act as owner is to make himself heir.

There is an exception to this rule in those cases in which the acts done are necessary for the preservation of the thing as is hereafter explained.

Art. 995. Disposition of succession property, but not as heir

The person called to the succession does not commit an act of heir by disposing of property belonging to the succession by another title than that of heir; as if he should be testamentary executor and heir at the same time, provided that in disposing of the property he does not assume the quality of heir.

Art. 996. Distinction of acts of ownership from other acts

With regard to these acts, which may be differently interpreted, according to circumstances, it is necessary to distinguish acts of ownership from acts of administration or ownership or preservation, or preparatory acts, which tend only to ascertain the value of the succession.

The time when these acts are done must also be taken into consideration.

Art. 997. Conservatory acts

Thus, acts which are merely conservatory, and the object of which is temporary, such as superintendence and administration, do not amount to an acceptance of the inheritance, unless the title and quality of heir should be therein assumed.

Art. 998. Acts under reservation or protest

The person called to the succession, who does certain acts either from necessity or for the benefit of the succession only, may show what was his real intent by reservations or protestations made before a notary, or inserted in his petition, if there be a judicial proceeding.

Art. 999. Sale of succession property

Though it may be necessary to sell some of the effects of a succession to prevent loss or waste, the sale of the least article of property belonging to the succession will render the person called to the succession irrevocably the heir, unless he cause himself to be authorized by the judge to make this sale at public auction, on a petition in which he shall allege the necessity there is for making it, and shall protest that he does not mean by this act to do an act that would make him liable as heir.