A particular legatee who has not received his legacy after being sent into possession by judgment may demand that the residuary legatee furnish security for the delivery of his legacy and may require an administration of the succession in default of such security, as provided by Articles 3007 and 3008.
Art. 3035.Particular Legatee May Demand Security For Delivery of Legacy; Administration In Default of Security
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 3035 lets a particular legatee who has not received the legacy after being sent into possession by judgment demand that the residuary legatee furnish security for delivering it, and lets the particular legatee require an administration if that security is not furnished, following the same procedures as Articles 3007 and 3008.
Full Text of Art. 3035
Plain-English Summary
A particular legatee, someone who inherits a specific, identified item or sum rather than a share of the whole estate, does not need to join the petition for possession under Article 3031. That convenience carries a risk: nothing forces the general and universal legatees who did petition to hand over the particular legacy once the judgment of possession issues.
Article 3035 gives the particular legatee a remedy for that gap. If the legacy has not been delivered even after the judgment of possession sends the other parties into possession of the estate, the particular legatee can demand that the residuary legatee, who holds whatever remains of the estate after the specific and general legacies are satisfied, furnish security guaranteeing that the particular legacy will be delivered.
If the residuary legatee does not furnish that security, the particular legatee can require an administration of the succession, following the same procedures Articles 3007 and 3008 set out for a creditor's demand. The particular legatee, in effect, gets to use the same enforcement tool a creditor would use, protecting a legacy that the streamlined possession process did not otherwise guarantee would be delivered.
Frequently Asked Questions
What is a particular legatee under Louisiana succession law?
Someone who inherits a specific, identified item or sum, rather than the whole estate or a defined fraction of it.
What can a particular legatee do if the legacy has not been delivered?
Demand that the residuary legatee furnish security guaranteeing the legacy's delivery, under Article 3035.
What happens if the residuary legatee will not furnish that security?
The particular legatee can require an administration of the succession, following the same procedures Articles 3007 and 3008 provide.
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
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