Art. 3193.Powers of Surviving Representatives
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 4. General Functions, Powers, and Duties of Succession Representative · Amendment history unavailable · Last verified July 30, 2026
Full Text of Art. 3193
Plain-English Summary
Article 3192's joint-action rule assumes all the named representatives remain in office together. Article 3193 addresses what happens when that stops being true: one of the co-representatives dies, or their appointment otherwise terminates, whether through resignation, removal under Article 3182, or another cause.
Rather than freezing the administration or requiring a new appointment before anything more can happen, Article 3193 lets whoever remains step into the full authority the group held together. Every power the joint representatives could exercise collectively becomes exercisable by the survivor or survivors alone, so administration continues without a gap in authority over succession property.
The testator retains the last word. If the testament directs otherwise, for example by requiring a successor to be appointed before administration continues rather than letting a sole survivor carry the full authority alone, that direction controls over the default rule this article supplies.
Frequently Asked Questions
What happens to succession administration when one of several co-executors dies?
The surviving representative or representatives can exercise the full authority the group held together, without needing a new appointment first, unless the testament says otherwise.
Does a new representative have to be appointed before administration can continue?
Not by default. The survivor exercises every power the joint representatives held, unless the testament directs otherwise.
Can a testator require something different from Article 3193's default rule?
Yes. A contrary direction in the testament controls over the default rule letting the survivor carry the full authority alone.
Does this rule apply if a co-representative resigns or is removed, not just dies?
Yes. Article 3193 applies whenever a co-representative's appointment terminates for any reason, including death, resignation, or removal, not death alone.