The attorney at law appointed to represent an absent heir or legatee may be relieved by the court of his trust for any lawful reason, shall be removed by the court for nonperformance of duty, and his office shall terminate when the absent heir or legatee by proper pleading advises the court of his appointment of an attorney in fact, or of the selection of his own counsel. If the attorney appointed to represent an absent heir or legatee, as provided in Article 3171, is removed, resigns, or dies, the court may appoint another attorney at law to succeed him.
Art. 3173.Removal; Appointment of Successor
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 2. Attorney For Absent Heirs and Legatees · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3173 lets the court relieve the attorney for an absent heir or legatee for any lawful reason, requires removal for failing to perform the office's duties, ends the appointment once the absent person notifies the court of their own attorney in fact or chosen counsel, and lets the court name a successor if the office falls vacant.
Full Text of Art. 3173
Plain-English Summary
The office created by Article 3171 does not necessarily last for the whole succession without change. Article 3173 sets out three distinct ways it can end, plus a mechanism for filling the vacancy that results.
The court may relieve the attorney of the trust for any lawful reason, a release the court grants when circumstances warrant, without requiring fault on the attorney's part. Nonperformance of duty works differently: there, the article requires removal, not merely permits it, once the attorney has failed to carry out the responsibilities Article 3172 imposes.
The office also ends on its own once the absence that justified it comes to a close. If the previously absent heir or legatee appears through proper pleading and advises the court that they have appointed their own attorney in fact, or selected their own counsel, the appointed attorney's office terminates; the safeguard is no longer needed once the person it protected can speak for themselves.
Whatever the reason the office becomes vacant, removal, resignation, or the attorney's death, Article 3173 lets the court appoint another attorney at law to take over, so the absent heir or legatee's interest keeps a voice in the succession without interruption.
Frequently Asked Questions
Can the attorney for an absent heir be removed from the role?
Yes. The court may relieve the attorney for any lawful reason, and must remove the attorney for nonperformance of duty.
What happens if the absent heir shows up and gets a lawyer?
The appointed attorney's office terminates once the absent heir or legatee, by proper pleading, advises the court that they have appointed their own attorney in fact or selected their own counsel.
Who takes over if the appointed attorney dies or resigns?
The court may appoint another attorney at law to succeed a removed, resigned, or deceased attorney for an absent heir or legatee.
Is removal for nonperformance mandatory or discretionary?
Mandatory. Article 3173 requires removal for nonperformance of duty, while relief for other lawful reasons is left to the court's discretion.
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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