An interested person may proceed by contradictory motion to remove a succession representative who has failed to file an account after being ordered to do so by the court and may obtain the remedies provided by Article 2502.
Art. 3334.Failure to File Account; Penalty
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 9. Accounting By Succession Representative · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3334 lets any interested person move by contradictory motion to remove a succession representative who was ordered by the court to file an account and failed to do so, and to obtain the remedies that accompany that kind of removal.
Full Text of Art. 3334
Plain-English Summary
Article 3331 sets the duty to account; Article 3334 gives it teeth. When the court has ordered a succession representative to file an account and the representative does not comply, an interested person, an heir, legatee, or creditor with a stake in the outcome, can bring a contradictory motion, an opposed motion the representative has the chance to answer, seeking removal from office.
Removal is a serious step, and making it the remedy for a failure to account signals how much weight Louisiana law places on the duty to report. The obligation to keep the court and interested parties informed is not treated as a formality that can be brushed aside; a representative who ignores a direct court order to account risks losing the position altogether, along with whatever else follows from a contested removal.
This remedy sits alongside the broader grounds for removing a succession representative found elsewhere in Title III. A failure to account after being ordered to do so is its own dedicated basis for removal, distinct from, but available in addition to, whatever other misconduct might also justify it.
Frequently Asked Questions
What happens if a succession representative ignores a court order to file an account?
An interested person can move by contradictory motion under Article 3334 to remove the representative and obtain the remedies that come with removal.
Who can move to remove a representative for failing to account?
Any interested person in the succession, such as an heir, legatee, or creditor.
Is removal the only consequence of not filing an ordered account?
Article 3334 ties removal specifically to a failure to file an account after being ordered to do so, though other conduct during the administration can support removal on separate grounds.
What is a contradictory motion?
A motion the opposing party, here the succession representative, has notice of and an opportunity to contest, as distinct from an ex parte request decided without the other side's input.
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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