Art. 2826.Definition of Certain Terms Used In Book VI

Article 2826 works as Book VI's glossary, fixing the meaning of three terms that recur throughout the succession articles, so later provisions can use them without redefining them each time.

A legatee inherits under a testament; an heir inherits by operation of law when the deceased left no valid disposition covering that share of the estate. Article 2826 defines "residuary legatee" broadly enough to bridge both worlds: it includes anyone who receives a universal legacy or a general legacy, and it also includes a residuary heir. "Residuary heir," in turn, is the successor who inherits the residue of a testate succession when the testator left no valid disposition of that remaining share. Put together, the residuary legatee or heir is whoever picks up what is left over once specific gifts and other dispositions are accounted for.

The article's third definition, "succession representative," names the umbrella category covering everyone authorized to administer an estate on the court's behalf: an administrator, a provisional administrator, an administrator of a vacant succession, an executor, and a dative testamentary executor. Later articles in Book VI use "succession representative" to refer to any of these roles without having to list them out individually each time.