Art. 3153.Security of Testamentary Executor

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 3153 requires a dative testamentary executor to post the same security as an administrator under Article 3151, but excuses an executor named directly in the testament from posting security at all, unless the testament requires it or Articles 3154 through 3155 apply.

Full Text of Art. 3153

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The person appointed dative testamentary executor shall furnish the same security as is required of the administrator under Article 3151. The person named by the testator as executor is not required to furnish security, except when required by the testament or as provided in Articles 3154 through 3155.

Plain-English Summary

Article 3153 draws the central line between the two kinds of executor Louisiana recognizes. A dative testamentary executor, appointed by the court under Article 3083 because the testament named no executor or the named one could not serve, is treated the same as an administrator for security purposes and must furnish the same security Article 3151 requires.

An executor the testator named directly in the will is treated differently by default. That person is not required to furnish security at all, reflecting the trust the testator placed in the chosen executor by naming that person directly rather than leaving the choice to the court.

That default has limits. If the testament itself requires the named executor to post security, the executor must comply with the testator's own instruction. And even without a testamentary requirement, Articles 3154 and 3155 let certain forced heirs, the surviving spouse in community, and creditors compel a testament-named executor to furnish security under specific circumstances.

Frequently Asked Questions

Does an executor named in a will have to post a bond?

Not by default. Article 3153 excuses a testator-named executor from security unless the testament itself requires it, or unless Article 3154 or Article 3155 applies.

Does a dative testamentary executor have to furnish the same security as an administrator?

Yes. A dative testamentary executor, appointed by the court rather than named by the testator, must furnish the same security an administrator furnishes under Article 3151.

Can a testament require an executor to post security even though the law wouldn't otherwise?

Yes. Article 3153 defers to the testament's own terms, so if the will requires security, the named executor must furnish it despite the general default rule.

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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