Art. 2673.Proceeding Against Legal Representative

A succession does not always pass straight to heirs and legatees. Louisiana law often places a deceased person's property under the administration of a legal representative — a succession representative such as an executor or administrator, appointed to manage the succession's property until it is distributed. Article 2673 addresses executory process when that administration is underway.

Where the property affected by the mortgage or privilege is under a legal representative's administration, the creditor may bring the executory proceeding against that legal representative directly, standing in for the succession as a whole. The article adds a plain efficiency rule: no other person need be made a party to the proceeding.

That single-defendant approach avoids forcing a creditor to identify and join every heir or legatee who might eventually receive the succession's property, when the legal representative already has authority to act, and to be sued, on the succession's behalf while administration continues.