Succession of Smith

COLE, Justice.

We granted writs in this case to decide whether a surviving spouse must judicially assert a claim to the marital portion within the three year prescriptive period provided for by La.Civ.Code art. 2436.1/ We conclude the claim need not be judicially asserted. The surviving spouse need only prove a claim was made within three years of the date of the death. We find, under the facts of this case, the widow has shown adequately she made a claim to the marital portion within the prescriptive period. Accordingly, we reverse the rulings of the lower courts sustaining the peremptory…