After homologation of the final account, or upon proof that the heirs have waived a final account, the succession representative may petition for discharge. Upon the filing of receipts or other evidence satisfactory to the court, showing that the creditors have been paid and that the balance of the property in the possession of the succession representative has been distributed to the heirs and legatees, the court shall render a judgment discharging the succession representative and cancelling his bond.
Art. 3391.Discharge of Succession Representative
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 12. Discharge of Succession Representative · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3391 lets a succession representative petition for discharge after homologation of the final account, or after proving the heirs waived one, and directs the court to discharge the representative and cancel the representative's bond once creditors are shown to have been paid and the remaining property distributed.
Full Text of Art. 3391
Plain-English Summary
Chapter 12 covers a different kind of ending from Chapter 11. Sending heirs and legatees into possession deals with the property; discharge deals with the succession representative, formally closing out the fiduciary role that person has held throughout the administration. A succession representative is the executor or administrator who managed the estate, and discharge is how that appointment finally ends once the work is done.
Article 3391 gives the representative two paths to petitioning for discharge: after the court has homologated the final account required under Chapter 9, or after proving that the heirs waived the requirement of a final account altogether. Either way, the representative must then file receipts or other evidence the court finds satisfactory, showing that creditors have been paid and that the balance of the property has been distributed to the heirs and legatees.
Once satisfied, the court renders a judgment doing two things at once: discharging the succession representative and canceling the bond that representative posted as security under Chapter 1. That cancellation matters in its own right, since it releases whoever backed the bond from continuing exposure tied to the administration.
Frequently Asked Questions
When can a succession representative ask to be discharged?
After homologation of the final account, or after proving that the heirs waived the requirement of filing one, as Article 3391 provides.
What proof does the representative need to submit to be discharged?
Receipts or other evidence satisfactory to the court showing that creditors have been paid and that the remaining property has been distributed to the heirs and legatees.
What happens to the representative's bond upon discharge?
The court's discharge judgment cancels the bond along with releasing the representative from further duty.
Can heirs waive the final accounting requirement before discharge?
Yes. Article 3391 allows discharge on proof that the heirs waived a final account, as an alternative to homologation of one.
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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