Art. 3152.Security of Provisional Administrator
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 1. Qualification of Succession Representatives · Amendment history unavailable · Last verified July 30, 2026
Full Text of Art. 3152
Plain-English Summary
A regular administrator's security is set by a fixed formula under Article 3151, pegged to the property's value as shown on an inventory or descriptive list. A provisional administrator is often appointed before that formal valuation exists, and the appointment itself is meant to be quick, so Article 3152 takes a different approach.
Instead of a set formula, the court exercises discretion, fixing the provisional administrator's security in whatever amount it determines is adequate for the protection of the succession's heirs, legatees, surviving spouse in community, and creditors. The court can weigh what is known about the estate at that early stage, rather than waiting for the inventory Article 3113 will eventually require.
The list of protected interests is broader in wording than Article 3151's, expressly naming the surviving spouse in community alongside heirs, legatees, and creditors, reflecting the same interests that security more generally exists to protect throughout succession administration.
Frequently Asked Questions
How is a provisional administrator's security amount set?
By the court's own determination of what amount is adequate to protect the heirs, legatees, surviving spouse in community, and creditors, rather than by a fixed formula.
Why doesn't the fixed formula for a regular administrator's security apply to a provisional administrator?
A provisional administrator is often appointed quickly, before a formal inventory has established the property's value, so the court sets an adequate amount based on what is known at that stage instead.
Who does the provisional administrator's security protect?
The succession's heirs, legatees, surviving spouse in community, and creditors, the same interests security protects throughout succession administration.