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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

In one sentenceArticle 3152 requires a provisional administrator to furnish security in an amount the court determines adequate to protect the succession's heirs, legatees, surviving spouse in community, and creditors, rather than applying the fixed one-fourth-above-value formula that governs a regular administrator.

Full Text of Art. 3152

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The person appointed provisional administrator shall furnish security for the faithful performance of his duties in an amount determined by the court as being adequate for the protection of the heirs, legatees, surviving spouse in community, and creditors of the succession.

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.

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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