A provisional administrator shall furnish security and take the oath of office required by Articles 3152 and 3158, respectively. He shall continue in office until an administrator or executor has been qualified, or until the heirs or legatees have been sent into possession. Except as otherwise provided by law, a provisional administrator has all of the authority and rights of an administrator, and is subject to the same duties and obligations, in the discharge of his functions of preserving, safeguarding, and operating the property and business of the succession.
Art. 3112.Security; Oath; Tenure; Rights and Duties
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 1. Qualification of Succession Representatives · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3112 requires a provisional administrator to furnish security and take the oath of office, grants that office the same authority, rights, duties, and obligations as an administrator for preserving, safeguarding, and operating succession property, and ends the appointment once a permanent representative qualifies or the heirs are sent into possession.
Full Text of Art. 3112
Plain-English Summary
Being provisional does not mean being informal. Article 3112 holds a provisional administrator to the same qualifying steps as any other succession representative: furnishing security in the amount Article 3152 requires, and taking the oath of office described in Article 3158. Neither step becomes optional because the appointment is temporary.
Once qualified, the provisional administrator carries the same authority and rights as a regular administrator, and is bound by the same duties and obligations, for the specific job of preserving, safeguarding, and operating the succession's property and business. That scope is deliberately tied to protective functions rather than to every power a permanent administrator might eventually exercise, though the article extends the full complement of an administrator's rights and duties except where some other law limits them.
The office is self-terminating. A provisional administrator continues only until an administrator or executor has been qualified to take over, or until the heirs or legatees have been sent into possession of the succession, at which point the temporary role has served its purpose and comes to an end.
Frequently Asked Questions
Does a provisional administrator have to post bond?
What powers does a provisional administrator have?
The same authority and rights as a regular administrator, and the same duties and obligations, for the purpose of preserving, safeguarding, and operating the succession's property and business.
When does a provisional administrator's authority end?
Once an administrator or executor has qualified to take over, or once the heirs or legatees have been sent into possession of the succession.
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: security oath provisional administrator LouisianaArticle 3112 Louisianaprovisional administrator rights and dutieshow long provisional administrator servesprovisional administrator bond requirement