A succession representative shall deposit all moneys collected by him as soon as received, in a bank account in his official capacity, in a state or national bank in this state, and shall not withdraw the deposits or any part thereof, except in accordance with law. On failure to comply with the provisions of this article, the court may render a judgment against the succession representative and his surety in solido to the extent of twenty percent interest per annum on the amount not deposited or withdrawn without authority, such sum to be paid to the succession. He may also be adjudged liable for all special damage suffered, and may be dismissed from office.
Art. 3222.Deposit of Succession Funds; Unauthorized Withdrawals Prohibited; Penalty
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
In one sentenceArticle 3222 requires a succession representative to deposit every dollar collected, without delay, into an official bank account at a Louisiana state or national bank, bars withdrawals except as the law allows, and exposes a noncompliant representative and surety to a twenty-percent annual interest penalty, liability for special damages, and dismissal.
Full Text of Art. 3222
Plain-English Summary
Article 3221's general preservation duty gets specific application here, for cash. Any money the representative collects for the succession does not sit in a personal account or a desk drawer; it goes into a bank account held in the representative's official capacity, at a state or national bank located in Louisiana, and it moves there without delay, not on some later, more convenient schedule.
The corresponding restriction runs the other direction: the representative cannot withdraw those deposits, or any part of them, except in accordance with law, meaning through whatever authorization the Code or a court order requires for the particular expenditure, not at the representative's own discretion.
Article 3222 backs both requirements with a real penalty. A representative who fails to deposit promptly, or who withdraws funds without authority, faces a judgment holding the representative and the surety on their bond liable in solido for interest at twenty percent per year on the amount involved, payable to the succession. That is on top of, not instead of, liability for any special damage the succession suffers, and the representative can be dismissed from office for the violation. The steep interest rate reflects how directly this duty touches the fiduciary risk succession funds present: cash is the succession asset most easily diverted, and most easily lost track of once commingled with a representative's own money.
Frequently Asked Questions
Can a succession representative keep collected funds in a personal bank account?
No. Article 3222 requires collected funds to be deposited, without delay, into an account held in the representative's official capacity at a Louisiana state or national bank.
What happens if a succession representative withdraws succession funds without authority?
The representative and the surety on the bond can be held liable in solido for interest at twenty percent per year on the amount involved, in addition to liability for special damages and possible dismissal from office.
Is the twenty-percent penalty the only consequence for improper withdrawals?
No. Article 3222 also allows liability for any special damage the succession suffers, and the representative can be dismissed from office for the violation.
Does the representative's surety share responsibility for these penalties?
Yes. A judgment under Article 3222 can run against the representative and the surety in solido.
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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