A. When the appointment as administrator or dative testamentary executor is claimed by more than one qualified person, except as otherwise provided by law, preference in the appointment shall be given by the court in the following order to:
Art. 3098.Priority of Appointment
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 1. Qualification of Succession Representatives · Last amended 1993 · Last verified July 30, 2026
In one sentenceArticle 3098 ranks competing claimants for appointment as administrator or dative testamentary executor in three tiers -- first the best-qualified surviving spouse, heir, legatee, or legal representative, then their best-qualified nominee, then the best-qualified creditor or co-owner of immovable property -- and defines best qualified as personal fitness plus training and experience.
Full Text of Art. 3098
(1) The best qualified among the surviving spouse, competent heirs or legatees, or the legal representatives of any incompetent heirs or legatees of the deceased.
(2) The best qualified of the nominees of the surviving spouse, of the competent heirs or legatees, or of the legal representatives of any incompetent heirs or legatees of the deceased.
(3) The best qualified of the creditors of the deceased or a creditor of the estate of the deceased, or a co-owner of immovable property with the deceased.
B. "Best qualified", as used in this Article, means the claimant best qualified personally, and by training and experience, to administer the succession.
Amendment History
Acts 1992, No. 778, §1; Acts 1993, No. 29, §1.
Plain-English Summary
When more than one qualified person wants to serve as administrator or dative testamentary executor, Louisiana does not leave the choice entirely to the court's unguided discretion. Article 3098 supplies a ranked order of preference, except where some other law provides otherwise for a particular situation.
The first tier belongs to the surviving spouse, competent heirs or legatees, or the legal representatives of any incompetent heirs or legatees, with preference going to whichever of them is best qualified. The second tier goes to the best-qualified nominee of anyone in the first tier, letting a spouse, heir, or legatee designate someone else to serve in their place. The third and lowest tier goes to a creditor of the deceased or of the estate, or to a co-owner of immovable property with the deceased.
Part B defines what best qualified means within any given tier: not seniority or mere willingness, but the claimant best suited personally, and by training and experience, to administer that particular succession. This priority scheme is what Article 3096 applies when a contested application goes to trial after an opposition is filed.
Frequently Asked Questions
Who has first priority to be appointed administrator of a Louisiana succession?
The surviving spouse, competent heirs or legatees, or the legal representatives of any incompetent heirs or legatees, with preference among them going to whoever is best qualified.
What does "best qualified" mean under Article 3098?
The claimant best suited personally, and by training and experience, to administer the particular succession at issue, not the first person to apply.
Can a creditor of the deceased ever be appointed administrator?
Yes, but only in the third and lowest tier, behind the surviving spouse, heirs, legatees, and their nominees, and only if no one in the higher tiers is available or willing to serve.
Does a nominee of an heir outrank a creditor for appointment?
Yes. Article 3098 places the best-qualified nominee of the surviving spouse, an heir, or a legatee in the second tier, ahead of creditors and co-owners of immovable property, who fall in the third tier.
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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