Book VI. Probate Procedure · Title II. Acceptance of Successions Without Administration · Chapter 2. Testate Successions · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3033 conditions sending legatees into possession on the named executor joining the petition, sets that executor's entitlement to compensation depending on the testament's date, and lets the residuary legatee force a judicial determination and payment of that compensation when the executor and legatee cannot agree or the executor will not join.
Full Text of Art. 3033
Text size
If the testament is dated prior to January 1, 1961, the person named therein as executor shall be entitled to the full compensation allowed by law for an executor's services in administering a testate succession, even though he may not have been confirmed as executor.
If the testament is dated subsequent to December 31, 1960, the person named therein as executor shall be entitled to reasonable compensation for the services which he has rendered, whether he has been confirmed as executor or not.
Except as provided hereinafter, the legatees may be sent into possession only if the person named in the testament as executor joins in the petition thereof.
If the residuary legatee and the person named in the testament as executor cannot agree upon the compensation due him, or for any other reason he refuses to join in the petition for possession, the residuary legatee may rule him into court to show cause why the compensation due should not be determined judicially, and why the legatees should not be sent into possession of their legacies. The court shall not send the legatees into possession until satisfactory proof has been submitted that the compensation determined to be due the person named in the testament as executor has been paid.
Plain-English Summary
Sending legatees into possession without an administration means the succession never goes through the formal accounting that would otherwise confirm the executor's role and set the executor's pay. Article 3033 fills that gap by tying the streamlined process directly to the executor's compensation.
Compensation depends on when the testament was signed. For a testament dated before January 1, 1961, the person named as executor is entitled to the full compensation the law allows for administering a testate succession, even without ever being confirmed as executor. For a testament dated after December 31, 1960, that person is entitled to reasonable compensation for whatever services were rendered, again whether or not confirmed. Title III covers how an executor's compensation is generally calculated in more depth; this article addresses only how that compensation gets resolved when the succession skips a formal administration.
Because of that stake, the named executor generally has to join the petition for possession before the legatees can proceed. If the residuary legatee and the executor cannot agree on the amount, or the executor refuses to join for any other reason, the residuary legatee can rule the executor into court to have the compensation determined judicially. Either way, the court will not send the legatees into possession until it has proof the compensation determined has been paid.
Frequently Asked Questions
Why does the named executor typically have to join the petition for possession?
Because joining the petition is the mechanism Article 3033 uses to make sure the executor's compensation is addressed even though the succession skips a formal administration.
How is the executor's compensation determined under Article 3033?
It depends on the testament's date: full statutory compensation for a testament dated before January 1, 1961, and reasonable compensation for services rendered for a testament dated after December 31, 1960.
What if the executor and residuary legatee cannot agree on compensation?
The residuary legatee can rule the executor into court to have the compensation determined judicially.
Can legatees be sent into possession before the executor is paid?
No. The court withholds the judgment until proof is submitted that the determined compensation has been paid.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as:executor compensation without administration LouisianaArticle 3033 Louisianaexecutor refuses to join petition for possessionresiduary legatee rule executor into courtcompensation of executor Louisiana succession