A person having a pecuniary claim against a testate succession, whether liquidated or not, or claiming the ownership of specific items of property in the possession of the succession, may compel the executor to furnish security in an amount exceeding by one-fourth the amount of the claim, or the value of the property as shown on the inventory or the descriptive list. His verified petition for security may be presented ex parte to the court, which shall order the executor to furnish such security within ten days of the service of the order upon him.
Art. 3155.Creditor 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 3155 lets anyone with a pecuniary claim against a testate succession, or a claim to specific succession property, compel the executor to furnish security exceeding by one-fourth the claim's amount or the disputed property's value, through an ex parte verified petition the court must grant within ten days of service.
Full Text of Art. 3155
Plain-English Summary
Article 3154 protects forced heirs and the surviving spouse; Article 3155 gives a similar tool to creditors and to anyone claiming ownership of specific succession property. Either a pecuniary claim against the succession, whether liquidated or not, or a claim to particular items of property in the succession's possession, supports a petition to compel security.
Because the claim need not be liquidated, a creditor does not have to wait until a disputed debt is finally established before seeking protection; even an unresolved or contested claim qualifies. The security demanded is tied to the size of that specific claim or property, exceeding by one-fourth the claim's amount or the value of the property as shown on the inventory or descriptive list, rather than to the value of the whole succession.
Procedurally, this mirrors Article 3154: the petition is verified and may be presented ex parte, without first serving the executor, and once the court is satisfied, it orders the executor to furnish the security within ten days of being served with that order.
Frequently Asked Questions
Can a creditor force a testamentary-named executor to post a bond?
Yes. Article 3155 lets anyone with a pecuniary claim against the succession, or a claim to specific succession property, petition the court to compel the executor to furnish security.
Does my claim have to be a fixed, liquidated amount to compel security?
No. Article 3155 expressly covers claims that are not liquidated, so a disputed or unresolved claim can still support a petition to compel security.
How much security can a creditor's petition require the executor to post?
An amount exceeding by one-fourth the amount of the claim, or the value of the specific property claimed as shown on the inventory or descriptive list.
Do I have to prove the executor is mismanaging the succession to get this order?
No. As with Article 3154, the petition can be presented ex parte, and the court orders security once satisfied the petitioner holds a qualifying claim, without a showing of mismanagement.
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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