If a succession representative dies or is interdicted, an account of his administration may be filed by his heirs or by his legal representative; and upon the petition of an interested person the court shall order the filing of such an account.
Art. 3338.Deceased Or Interdicted Succession Representative
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 3338 allows the heirs or legal representative of a succession representative who has died or been interdicted to file an account covering that person's administration, and requires the court, on the petition of an interested person, to order that such an account be filed.
Full Text of Art. 3338
Plain-English Summary
A succession representative can die, or be interdicted, meaning judicially declared incapable of managing their own affairs, before the administration they were handling is finished. When that happens, someone still has to account for what occurred on that representative's watch before a successor, the heirs, or the court can move forward with confidence about where things stand.
Article 3338 lets the heirs of a deceased representative, or the representative's own legal representative, such as a curator appointed for an interdicted person or the executor of a deceased representative's own estate, file that account on the former representative's behalf. They step into the deceased or interdicted representative's shoes for this narrow purpose, reporting on an administration they did not personally conduct but can document from the records left behind.
Filing is not left entirely to their initiative. If nobody comes forward, an interested person can petition the court, and the court has to order that the account be filed, echoing the same enforcement approach Articles 3331 and 3334 apply to a representative who is still living and able to act.
Frequently Asked Questions
What happens to the accounting duty if a succession representative dies during administration?
The deceased representative's heirs or legal representative can file an account of the administration on that person's behalf under Article 3338.
Who files the account on behalf of a deceased succession representative?
The heirs of the deceased representative, or the representative's own legal representative, such as the executor of that person's estate.
What does interdicted mean in this context?
It means judicially declared incapable of managing one's own affairs. An interdicted succession representative's legal representative, such as a curator, can file the account instead.
Can an interested person force this kind of account to be filed?
Yes. On the petition of an interested person, the court must order that the account be filed.
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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