Art. 3156.Maximum Security of Executor
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. 3156
Plain-English Summary
Articles 3154 and 3155 give several different people, forced heirs, the surviving spouse in community, and creditors or property claimants, independent rights to petition for security against the same executor. Without a limit, those separate demands could stack up and push the executor's required security well beyond what a full administrator would ever have to post for the same estate.
Article 3156 prevents that outcome with a ceiling. No matter how many petitions are filed, or how large the individual claims behind them, the executor cannot be compelled to furnish security in excess of the maximum security an administrator would owe under Article 3151, the one-fourth-above-value formula applied to the succession's total property.
This ties Articles 3153 through 3155 together into a coherent scheme: testament-named executors start with no security obligation by default, various interested parties can trigger one, but the executor's total exposure never exceeds what the law would demand of a court-appointed administrator managing the same succession.
Frequently Asked Questions
Is there a limit on how much security an executor can be forced to post?
Does the cap apply even if multiple people separately demand security from the executor?
Yes. The cap applies to the security compelled under Articles 3153 through 3155 as a whole, preventing the executor's total obligation from exceeding an administrator's maximum.
How is the maximum calculated?
By the same formula Article 3151 uses for an administrator: an amount exceeding by one-fourth the total value of all succession property.