A. No person may be confirmed as testamentary executor, or appointed dative testamentary executor, provisional administrator, or administrator who is:
Art. 3097.Disqualifications
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 1. Qualification of Succession Representatives · Last amended 1985 · Last verified July 30, 2026
In one sentenceArticle 3097 bars minors, interdicted or mentally incompetent persons, convicted felons, unrepresented nonresidents, unauthorized corporations, and persons proved unfit for bad moral character from serving as executor or administrator, and separately limits dative appointments to specified categories of relation to the decedent or estate.
Full Text of Art. 3097
(1) Under eighteen years of age;
(2) Interdicted, or who, on contradictory hearing, is proved to be mentally incompetent;
(3) A convicted felon, under the laws of the United States or of any state or territory thereof;
(4) A nonresident of the state who has not appointed a resident agent for the service of process in all actions and proceedings with respect to the succession, and caused such appointment to be filed in the succession proceeding;
(5) A corporation not authorized to perform the duties of the office in this state; or
(6) A person who, on contradictory hearing, is proved to be unfit for appointment because of bad moral character.
B. No person may be appointed dative testamentary executor, provisional administrator, or administrator who is not the surviving spouse, heir, legatee, legal representative of an heir or legatee, or a creditor of the deceased or a creditor of the estate of the deceased, or the nominee of the surviving spouse, heir, legatee, or legal representative of an heir or legatee of the deceased, or a co-owner of immovable property with the deceased.
Amendment History
Amended by Acts 1964, No. 4, §1; Acts 1972, No. 347, §1; Acts 1985, No. 528, §1, eff. 7/12/1985.
Plain-English Summary
Article 3097 sets the eligibility floor for anyone who wants to serve as a Louisiana succession representative. Part A lists six disqualifications that apply broadly: being under eighteen; being interdicted, or proved mentally incompetent at a contradictory hearing; having a felony conviction under federal or state law; being a nonresident who has not appointed a Louisiana resident agent for service of process and filed that appointment in the succession record; being a corporation not authorized to act in that capacity in this state; or being proved, at a contradictory hearing, unfit because of bad moral character. Any one of these bars confirmation as testamentary executor or appointment as dative testamentary executor, provisional administrator, or administrator.
Part B adds a separate, narrower requirement that applies only to appointments, not to confirmation of a testator's own choice. A dative testamentary executor, provisional administrator, or administrator must fall into one of several relational categories: the surviving spouse, an heir or legatee, the legal representative of an heir or legatee, a creditor of the deceased or of the estate, a nominee of the surviving spouse or an heir, legatee, or legal representative, or a co-owner of immovable property with the deceased.
That relational limit does not apply to an executor the testator named directly in the will and who is being confirmed under Article 3082, since Part B addresses who the court may appoint, not who the decedent was free to choose. A testator can name a stranger to the family as executor; the court cannot appoint one as dative executor or administrator.
Frequently Asked Questions
Who is disqualified from serving as a Louisiana succession representative?
Minors under eighteen, interdicted or mentally incompetent persons, convicted felons, nonresidents without a Louisiana agent for service of process on file, corporations not authorized to serve in that capacity, and anyone proved unfit for bad moral character.
Does a felony conviction disqualify someone from being an executor?
Yes. Article 3097(A)(3) disqualifies anyone convicted of a felony under the laws of the United States or of any state or territory from confirmation or appointment as a succession representative.
Can a nonresident serve as administrator of a Louisiana succession?
Only if that nonresident appoints a Louisiana resident agent for service of process in all matters concerning the succession, and files that appointment in the succession proceeding.
Does the relational-eligibility limit in Article 3097(B) apply to an executor named in a will?
No. Part B restricts who the court may appoint as dative executor, provisional administrator, or administrator. It does not restrict the testator's own choice of executor, which is confirmed rather than appointed under Article 3082.
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: disqualifications succession representative LouisianaArticle 3097 Louisianawho cannot be an administrator Louisianafelony conviction executor disqualificationnonresident administrator agent for service