6.6 Administered Successions

If there are immediate debts, legal proceedings, or other financial matters to attend to at the time of death, it may be advisable to open a succession and have one person appointed as an administrator of the succession. The law on succession representatives is derived mostly from statute, particularly from Articles 3081 to 3396.20 of the Louisiana Code of Civil Procedure. Successions for low-income persons with relatively small estates do not usually require administration, so this topic will not be explored in depth. The following is a short summary of the relevant statutes.

A succession representative that has been named in the decedent’s testament is called an executor (male) or executrix (female). In a will, the testator may appoint the succession representative, but if the testator does not do so or if the named representative refuses to serve, the court will appoint the representative from among the heirs or legatees, according to law. The cheapest method is independent administration. Unlike an ordinary succession representative, an independent administrator is empowered to sell, lease, mortgage, transfer, and otherwise deal with immovable property just as an owner would, without the need to file motions for leave of court. Independent administration is available in testate successions if the will so provides or if all the legatees agree to allow the appointment of an independent administrator. In intestate successions, consent of all heirs is required for independent administration. 

The succession representative is responsible for collecting all of the decedent’s assets, determining what debts are owed by the succession and seeing that they are paid, and initiating the court proceedings to resolve any questions that brought about the need for an administration. The succession representative is a fiduciary to the succession. Lastly, a succession administrator is responsible for ultimately closing the succession and putting the successors in possession of their property. The administrator will have to provide an accounting of the administration unless this requirement is waived by all the successors. Note that time periods for opposing proposed actions by a succession administrator are generally very short.1

• 1See, e.g., La. C.C.P. art. 3335 (providing ten days to oppose homologation of account).