When it appears to the best interest of the succession, and after compliance with Article 3229, the court may authorize a succession representative to continue any business of the deceased for the benefit of the succession; but if the deceased died testate and his succession is solvent, the order of court shall be subject to the provisions of the testament. This order may contain such conditions, restrictions, regulations, and requirements as the court may direct.
Art. 3224.Continuation of Business
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 3224 lets the court, after the published-notice procedure Article 3229 requires, authorize a succession representative to continue a business the decedent owned when doing so serves the succession's best interest, subject to the testament's terms where the decedent died testate and the succession is solvent, and subject to whatever conditions the court's order imposes.
Full Text of Art. 3224
Plain-English Summary
A business the decedent owned does not necessarily stop operating just because the owner died, and shutting it down immediately can destroy value that would otherwise flow to the succession, goodwill, ongoing contracts, employees who would otherwise be let go. Article 3224 lets the court authorize the representative to keep such a business running for the succession's benefit, rather than forcing an immediate wind-down.
Two safeguards frame that authority. First, continuation has to appear in the succession's best interest, and it has to follow the notice-and-opposition procedure Article 3229 sets out, giving interested parties a chance to object before the court decides. Second, where the decedent died testate and the succession is solvent, the testament controls: an order continuing the business has to conform to whatever the testament itself provides about the business, rather than overriding the testator's own instructions.
Within those limits, the court has room to shape the authorization as the situation demands. The order may include whatever conditions, restrictions, regulations, and requirements the court directs, letting continuation proceed under terms tailored to the particular business rather than a one-size-fits-all authorization.
Frequently Asked Questions
Can a succession representative keep running a decedent's business without asking the court?
No. Continuing a decedent's business requires court authorization, granted only after the notice procedure Article 3229 requires.
Does a testament control whether a business continues after the owner's death?
When the decedent died testate and the succession is solvent, yes: the order continuing the business has to conform to the testament's terms.
What kind of conditions can a court put on continuing a business?
Whatever conditions, restrictions, regulations, and requirements the court considers appropriate for the particular business being continued.
Why would a court let a business continue instead of winding it down?
To preserve value, such as goodwill and ongoing contracts, when continuation is in the succession's best interest rather than an immediate shutdown.
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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