Before the person appointed or confirmed as succession representative enters upon the performance of his official duties, he must take an oath to discharge faithfully the duties of his office.
Art. 3158.Oath of Succession Representative
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 3158 requires anyone appointed or confirmed as a succession representative to swear an oath to faithfully discharge the duties of the office before beginning to perform any of them.
Full Text of Art. 3158
Plain-English Summary
Furnishing security is only one half of qualifying to act as a succession representative. Article 3158 supplies the other: an oath, sworn before the representative undertakes any official duty, to discharge the responsibilities of the office faithfully.
The requirement applies without exception to whoever holds the office, executor, dative testamentary executor, administrator, or provisional administrator alike, as Article 3112 confirms specifically for provisional administrators. The oath is brief compared to the surrounding articles' detail on security amounts and procedures, but it is no less essential; it is what formally commits the representative, in the record, to acting in the succession's interest rather than pursuing a private one.
Taking the oath and furnishing any required security are the two prerequisites Article 3159 refers to when it describes what has to happen before the clerk can issue letters, the document that finally gives the representative recognized authority to act on the succession's behalf.
Frequently Asked Questions
What does the succession representative's oath require?
A promise, sworn before undertaking any official duty, to discharge faithfully the duties of the office of succession representative.
Does every type of succession representative have to take this oath?
Yes. Executors, dative testamentary executors, administrators, and provisional administrators are all required to take the oath before performing their official duties.
What happens if the representative starts acting before taking the oath?
Article 3158 requires the oath before the representative enters upon official duties, and Article 3159 conditions the issuance of letters, which formally evidence the representative's authority, on having taken it.
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
Also known as: oath of succession representative LouisianaArticle 3158 Louisianaswearing in executor administrator Louisianafaithfully discharge duties oath successionrequired oath before acting as representative