If the testament contains a provision that a legatee must survive the decedent by a prescribed period of time in order to take under the testament, the legatee living at the time of filing of the application for independent administration shall be the legatee authorized to consent to independent administration.
Art. 3396.10.Survivorship
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 13. Independent Administration of Estates · Enacted 2001 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 3396.10 resolves who may consent to independent administration when a testament requires a legatee to survive the decedent by a set period to inherit, by designating the legatee living when the application for independent administration is filed as the one authorized to consent.
Full Text of Art. 3396.10
Amendment History
Acts 2001, No. 974, §1.
Plain-English Summary
A testament sometimes conditions a legacy on the legatee surviving the decedent by a specified period, a survivorship clause meant to keep a legacy from passing through a legatee who dies shortly after the decedent, only to pass again through that legatee's own estate soon afterward. Until the survivorship period runs, it can be uncertain who will ultimately end up holding the legacy.
Article 3396.10 keeps that uncertainty from stalling the independent-administration process. Rather than waiting for the full survivorship period to elapse before anyone can consent, the legatee who is living at the moment the application for independent administration is filed is treated as the person authorized to give consent for that legacy.
This snapshot approach fits the efficiency independent administration is meant to deliver: a mechanism built to move a succession forward quickly should not have to pause for a contingency that might not resolve for months or years.
Frequently Asked Questions
What is a survivorship condition in a Louisiana will?
A testamentary requirement that a legatee outlive the decedent by a specified period in order to take the legacy.
Who consents to independent administration if a legacy carries a survivorship requirement?
The legatee who is living at the time the application for independent administration is filed, under Article 3396.10.
Does the succession have to wait out the full survivorship period before choosing independent administration?
No. Article 3396.10 lets the currently living legatee consent without waiting for the survivorship period to run.
What if the legatee dies before the survivorship period ends?
The consent given while that legatee was living remains effective for purposes of independent administration; who ultimately takes the legacy is governed separately by the testament's own terms.
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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