If a person dies before performing an executory contract evidenced by writing, the court may authorize the succession representative to perform the contract, after compliance with Article 3229.
Art. 3227.Execution of Contracts
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 3227 lets the court, after Article 3229's notice procedure, authorize a succession representative to perform a written executory contract the decedent had not yet completed at death.
Full Text of Art. 3227
Plain-English Summary
A decedent may have signed a contract, written and still awaiting performance, when death interrupted it, an agreement to sell property, complete a project, or deliver goods, for example. Article 3227 lets the succession step into the decedent's shoes and finish what was started, rather than treating the contract as automatically abandoned.
Authorization is not automatic; it runs through the same channel as the chapter's other significant transactions. The court has to authorize the representative to perform the contract, and that authorization follows Article 3229's notice procedure, giving interested parties the chance to weigh in before the succession commits to completing the decedent's unfinished obligation.
Performing rather than abandoning an executory contract can matter for the succession's value: a half-finished sale or project may be worth pursuing to completion, particularly where the other party has already relied on the contract, or where breach would expose the succession to damages greater than the cost of performance.
Frequently Asked Questions
What happens to a written contract the decedent hadn't finished performing at death?
The court can authorize the succession representative to perform it under Article 3227, rather than treating it as automatically abandoned.
Does the representative need court permission to complete the decedent's contract?
Yes, granted after the notice procedure Article 3229 requires.
Does Article 3227 apply to oral agreements?
No. It applies to an executory contract evidenced by writing.
Why would a succession want to complete a decedent's unfinished contract rather than let it lapse?
To preserve value or avoid breach damages, in situations where performance is worth more to the succession than abandoning the contract.
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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