Forced heirs and the surviving spouse in community of the testator may compel the executor to furnish security by an ex parte verified petition therefor. If the court finds that the petitioner is a forced heir, or the surviving spouse in community, it shall order the executor to furnish security, within ten days of the service of the order, in an amount determined by the court as adequate to protect the interest of the petitioner.
Art. 3154.Forced Heirs and Surviving Spouse In Community May Compel Executor to Furnish Security
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 3154 lets a forced heir or the testator's surviving spouse in community compel an executor to furnish security through an ex parte verified petition, requiring the court to order security within ten days of service in an amount adequate to protect that petitioner's interest once it finds the petitioner qualifies.
Full Text of Art. 3154
Plain-English Summary
A forced heir is Louisiana's civil-law protection for certain close descendants, generally children who are under twenty-four years of age or who, regardless of age, are permanently incapable of caring for themselves or their own property because of a mental or physical condition. Forced heirs are entitled to a minimum share of the estate regardless of what the testament says, and Article 3154 backs that entitlement with a practical tool.
A forced heir, or the testator's surviving spouse in community, whose interest in the succession's community property may be at stake alongside the forced portion, can petition to compel the executor to furnish security even though Article 3153 would not otherwise require it. The petition is ex parte and verified, meaning it is presented to the court without first serving the executor and is sworn to under oath.
If the court finds that the petitioner is a forced heir or the surviving spouse in community, it does not weigh whether the executor has done anything wrong; qualifying status alone triggers the order. The court must order the executor to furnish security within ten days of being served with that order, in an amount the court determines adequate to protect the specific interest of the petitioner who brought the request.
Frequently Asked Questions
Who counts as a forced heir under Louisiana law?
Generally, children of the decedent who are under twenty-four, or who are permanently incapable of caring for themselves or their property regardless of age, and who are entitled to a minimum share of the estate.
Can a surviving spouse force an executor who wasn't required to post bond to do so anyway?
Yes. Article 3154 lets the surviving spouse in community, along with a forced heir, petition to compel security even though the testator-named executor would not otherwise have to furnish any under Article 3153.
Does the petitioner have to prove the executor did something wrong to get security ordered?
No. The court's inquiry is whether the petitioner qualifies as a forced heir or surviving spouse in community, not whether the executor has mismanaged anything.
How much security must the executor post once the court grants the petition?
An amount the court determines adequate to protect the specific interest of the petitioner who brought the request, ordered within ten days of the executor being served.
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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