A succession representative may pay an estate debt only with the authorization of the court, except as provided by Articles 3224 and 3302.
Art. 3301.Payment of Estate Debts; Court Order
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 7. Payment of Estate Debts · Enacted 1997 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 3301 requires a succession representative to obtain court authorization before paying any estate debt, subject to two exceptions: ordinary payments made while continuing the decedent's business under Article 3224, and urgent debts payable under Article 3302.
Full Text of Art. 3301
Amendment History
Acts 1997, No. 1421, §3, eff. 7/1/1999.
Plain-English Summary
A succession representative does not hold estate funds free to spend as they see fit. Article 3301 sets the baseline rule for Chapter 7: before the representative can pay a debt the estate owes, a court has to authorize it. That oversight runs through everything else in this chapter, from the tableau of distribution to the homologation process that approves it.
The article carves out two exceptions. The first points to Article 3224, which lets a representative continuing the decedent's business make the ordinary payments that business requires without seeking authorization for each one individually. The second points to Article 3302, which lets the court approve urgent debts, the kind that cannot wait for the full notice-and-publication sequence, on an expedited basis.
Outside those two paths, every payment to a creditor has to clear the court first. That protects heirs, legatees, and other creditors from a representative who might otherwise pay favored claims ahead of others, or pay out estate assets the succession cannot spare.
Frequently Asked Questions
Does a succession representative need court permission to pay a bill?
Yes, as a general rule. Article 3301 requires court authorization before a succession representative pays an estate debt, apart from the two exceptions described below.
What is the exception for a business the succession is running?
Article 3224 lets a representative who continues operating the decedent's business make the ordinary payments that operation requires without separate authorization for each one.
How does this rule relate to urgent debts like funeral expenses?
Article 3302 lets the court authorize urgent estate debts on an expedited basis, without the full process this chapter otherwise requires for ordinary debts.
What happens if a representative pays a debt without authorization?
The payment falls outside the process Article 3301 sets up, which can expose the representative to objection from the court, creditors, or heirs overseeing the administration.
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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