Fill and Sign the Succession of Decedent Petition for Authority to Continue Business Verification of Petition Certificate of Publication and No Form

NOTICE [_COURT_] STATE OF LOUISIANA PARISH OF [_COURT_PARISH_] PROBATE NO. _________ SUCCESSION OF [_DECEDENT_] NOTICE IS GIVEN that [_EXEC_ADMIN_NAME_] , [_Exec_admin_] of the Succession of [_DECEDENT_] , is applying for authority to continue the business of decedent, [_DECEDENT_] , said business consisting of [_business_descrip_] , said authority including the authority to borrow funds for use in said business in amounts totaling no more than [_LIMIT_WORDS_] DOLLARS ([_Limit_$_]) , and securing such borrowings by mortgages and liens or other security interests upon assets used in the above described business in which Succession of [_DECEDENT_] owns an interest. An order authorizing [_exec_him_her_] to do so may be issued after seven days from the date of the publication of this notice. An opposition to the application may be filed at any time prior to the issuance of such an order. By Order of the Court, __________________________ CLERK OF COURT SUCCESSION OF [_COURT_] [_DECEDENT_] PARISH OF [_COURT_PARISH_] PROBATE NO. ____________ STATE OF LOUISIANA PETITION FOR AUTHORITY TO CONTINUE BUSINESS AND BORROW MONEY The petition of [_EXEC_ADMIN_NAME_] , duly appointed and qualified [_Exec_admin_] of the Succession of [_DECEDENT_] , who also appears in [_exec_his_her_] individual capacity and is joined herein by the only other heirs to this succession, namely [_HEIR_LEG_ONE_] and [_HEIR_LEG_TWO_] , respectfully represents: 1. As will appear in proceedings filed heretofore herein, [_EXEC_ADMIN_NAME_] is the duly qualified [_Exec_admin_] of the Succession of [_DECEDENT_] who died on [_DOD_] . 2. Prior to and at the time of [_dec_his_her_] death, [_DECEDENT_] was actively engaged in a business consisting of [_business_descrip_] . 3. It will be beneficial to this succession that the business described above begun prior to [_DECEDENT_] 's death and in progress at the time of [_dec_his_her_] death be continued. 4. As will appear from the certificate of the Clerk of Court, which is attached as an exhibit, notice has been duly given, in accordance with Louisiana Code of Civil Procedure Articles 3224, 3325, 3228 and 3229, that petitioner is applying for an order to continue the business of decedent and to borrow such funds as are necessary to do so, giving liens and mortgages or other security interests on assets used in said business in which this succession owns an interest, said borrowings not to exceed a total sum of [_LIMIT_WORDS_] DOLLARS ([_Limit_$_] . 5. The legal delays for opposing this application have elapsed and no opposition to it has been filed, as will more fully appear from the attached certificate of the Clerk of Court. WHEREFORE, petitioner prays for judgment homologating [_exec_his_her_] application and authorizing [_exec_him_her_] to continue the business of decedent and to borrow such funds as are necessary to do so, giving liens and mortgages or other security interests on any assets used in this business in which this succession owns an interest, said borrowings not to exceed a total sum of [_LIMIT_WORDS_] DOLLARS ([_Limit_$_]) . [_Firm_Name_] Attorneys for Petitioner [_EXEC_ADMIN_NAME_] [_Exec_admin_] of the Succession of [_DECEDENT_] [_Firm_St_Add_] [_Firm_City_St_Zip_] [_Firm_Tel_No._] BY: _____________________________ [_Attorney_] BAR ROLL NO. [_Bar_No._] STATE OF LOUISIANA PARISH OF [_AFF_PARISH_] VERIFICATION OF PETITION BEFORE ME, [_NOTARY_] , NOTARY PUBLIC IN AND FOR [_AFF_PARISH_] PARISH, LOUISIANA, and the undersigned witnesses, personally came and appeared [_EXEC_ADMIN_NAME_] , [_HEIR_LEG_ONE_] and [_HEIR_LEG_TWO_] , who, after being duly sworn, did depose and say that they are petitioners in the above and foregoing petition and that all of the facts alleged therein are true and correct. THUS DONE AND SIGNED on [_Aff_Date_] , at [_Aff_City_] , [_Aff_Parish_] Parish, Louisiana, in the presence of the undersigned Notary and the undersigned competent witnesses, after due reading of the whole. WITNESSES: ____________________________ ______________________________ [_EXEC_ADMIN_NAME_] ____________________________ ______________________________ [_HEIR_LEG_ONE_] ______________________________ [_HEIR_LEG_TWO_] __________________________________ NOTARY PUBLIC SUCCESSION OF [_COURT_] [_DECEDENT_] PARISH OF [_COURT_PARISH_] PROBATE NO. ____________ STATE OF LOUISIANA CERTIFICATE OF PUBLICATION AND OF NO OPPOSITION STATE OF LOUISIANA PARISH OF [_COURT_PARISH_] BEFORE ME appeared ________________________________, Deputy Clerk of this Court, who deposed that notice of the application by [_EXEC_ADMIN_NAME_] , the [_Exec_admin_] of the above captioned succession, for authority to continue the business of decedent, [_DECEDENT_] , said business consisting of [_business_descrip_] , said authority including the authority to borrow funds for use in said business in amounts totaling no more than [_LIMIT_WORDS_] DOLLARS ([_Limit_$_] , and securing such borrowings by mortgages and liens or other security interests upon assets used in said business in which Succession of [_DECEDENT_] owns an interest, has been published in the [_Paper_Name_] , a newspaper published [_daily_weekly_] in the City of [_Paper_City_] , on [_Pub_Date_] , as will be seen by the affidavit of publication annexed hereto, and seven days have elapsed since the date of said publication; and no opposition to the application has been filed. _____________________________ DEPUTY CLERK SWORN TO AND SUBSCRIBED TO BEFORE ME ON THIS [_CLERK_AFF_DATE_] . _____________________________ NOTARY PUBLIC SUCCESSION OF [_COURT_] [_DECEDENT_] PARISH OF [_COURT_PARISH_] PROBATE NO. ____________ STATE OF LOUISIANA ORDER AUTHORIZING [_EXEC_ADMIN_] TO CONTINUE BUSINESS AND BORROW MONEY Considering the foregoing petition, it having been proved that notice of the application of the [_Exec_admin_] has been advertised in accordance with law, that the delays for opposing the application have elapsed, that no opposition has been filed, and that it is in the best interest of the succession; IT IS ORDERED that [_EXEC_ADMIN_NAME_] , the [_Exec_admin_] of the Succession of [_DECEDENT_] , is authorized to continue the business of decedent, [_DECEDENT_] , said business consisting of [_business_descrip_] , said authority including the authority to borrow funds for use in said business in amounts totaling no more than [_LIMIT_WORDS_] DOLLARS ([_LIMIT_$_] , and securing such borrowings by mortgages and liens and other security interests upon assets used in said business and in which Succession of [_DECEDENT_] owns an interest. SIGNED IN CHAMBERS AT [_ORDER_CITY_] , LOUISIANA, [_ORDER_DATE_] ___________________________________ DISTRICT JUDGE * * * * * * * * * * TO CONTINUE BUSINESS, BORROW - NOTICE, PETITION, VERIFICATION, CERTIFICATE OF NON-OPPOSITION AND ORDER AUTHORIZING EXECUTOR TO CONTINUE OPERATION OF DECEDENT'S BUSINESS AND TO BORROW MONEY - C.C.P. 3224, 3225, 3228 AND 3229 - F2ARNBUS : This form assumes a need to borrow money to continue a business. Note that all heirs and legatees verify the petition in this example which, while not required, is recommended. Note also that under C.C.P. 3225 an interim order may be issued pending publication. If the decedent owned a majority interest in a partnership or corporation, sale of its real property requires notice. See C.C.P. 3224.1 as amended by Act 999 of 1992. Proof of publication may also be made by affidavit of the moving party or the party's attorney accompanied by the original newspaper tearsheet showing the text of the notice and its date or dates of publication under CCP 3265 added by Act 26 of 1993. See also "GENERAL NOTES" in F2FINDME. WORD KEY EXPLANATION [_COURT_] Name court in which succession filed. [_COURT PARISH_] Parish in which succession filed. [_DECEDENT_] Full name of decedent. [_EXEC_ADMIN_NAME_] Name of executor, executrix, administrator or administratrix. [_Exec_admin_] Executor, executrix, administrator or administratrix, as appropriate. [_business_descrip_] A brief description of the nature of the business. Set out the name of the business if it has one. [_LIMIT_WORDS_] Borrowing limit spelled out in words. [_Limit_$_] Borrowing limit in $. [_exec_him_her_] Him or her as appropriate for succession representative. [_exec_his_her_] His or her as appropriate for succession representative. [_HEIR_LEG_ONE_] Name of first heir and/or legatee. [_HEIR_LEG_TWO_] Name of second heir and/or legatee. [_DOD_] Decedent's date of death. [_dec_his_her_] His or her as appropriate for decedent. [_Firm_Name_] Name of law firm. [_Firm_St_Add_] Law firm street address. [_Firm_City_St_Zip_] Law firm city, state and zip code. [_Firm_Tel_No._] Telephone number of law firm. [_Attorney_] Name of attorney signing pleading. [_Bar_No._] Attorney's bar number. [_AFF_PARISH_] Parish in which verification is executed. [_NOTARY_] Name of notary who signs verification. [_Aff_Date_] Date verification is signed. [_Aff_City_] City in which verification is signed. [_Aff_Parish_] Parish in which verification is signed. [_Paper_Name_] Name of newspaper in which the publication was made. [_daily_weekly_] As appropriate. [_Paper_City_] City in which newspaper published. [_Pub_Date_] Date of publication of notice. [_CLERK_AFF_DATE_] Date clerk executes certificate. [_EXEC_ADMIN_] As appropriate. [_ORDER_CITY_] Name of city in which order signed. [_ORDER_DATE_] Date on which order signed.