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Art. 3392.Effect of Judgment of Discharge

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 3392 states that a judgment discharging a succession representative relieves that person of further duty, responsibility, and authority in that capacity, formally closing out the fiduciary relationship the original appointment created.

Full Text of Art. 3392

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The judgment discharging the succession representative relieves him of further duty, responsibility, and authority as succession representative.

Plain-English Summary

Article 3392 is short, but its effect runs through the rest of Chapter 12. Once the judgment of discharge described in Article 3391 is rendered, the succession representative stops being a succession representative in every functional sense: no more authority to act for the estate, and no more ongoing duty or responsibility tied to that role.

The practical stakes are real. A discharged representative can no longer sign for the succession, sell its property, collect what is owed to it, or take any other action that depended on the appointment. Anyone who dealt with the estate through that representative needed to have resolved their claims or objections before discharge, because the authority that made those dealings possible ends with the judgment.

Discharge is not, however, an unconditional and permanent close to every question the succession might still raise. Article 3393, immediately following, allows a succession to be reopened after discharge if newly discovered property or other proper cause justifies it, which shows that discharge ends the representative's role without foreclosing every future need to revisit the succession.

Frequently Asked Questions

What does discharge do for a succession representative?

It relieves the representative of further duty, responsibility, and authority as succession representative, ending the fiduciary role that the appointment created.

Can a discharged representative still act on behalf of the succession?

No. Discharge ends the authority that let the representative act for the estate, so no further transactions can be carried out in that capacity afterward.

Is discharge the same thing as removal?

No. Discharge under Article 3392 follows the successful, voluntary conclusion of administration described in Article 3391, while removal under Article 3182 addresses a representative forced out during an ongoing administration.

What if new information about the estate surfaces after discharge?

Article 3393 allows the succession to be reopened after discharge when newly discovered property or other proper cause warrants it.

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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