A. The subsequent renunciation of an heir or legatee who has consented to an independent administration shall have no effect on the validity of the independent administration, and the consent of those persons who receive an interest in the succession by reason of the renunciation is not required. B. A successor who concurs in the application for independent administration of an estate shall not be considered, for that reason, as having formally or informally accepted the succession.
Art. 3396.11.Possibility of Renunciation
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 3396.11 protects an already-approved independent administration from being upset if an heir or legatee who consented later renounces their interest, and clarifies that concurring in the independent-administration application does not itself count as formally or informally accepting the succession.
Full Text of Art. 3396.11
Amendment History
Acts 2001, No. 974, §1.
Plain-English Summary
Article 3396.11 addresses two separate concerns that could otherwise undermine the concurrence system Chapter 13 relies on. Subsection A handles renunciation: if an heir or legatee who consented to independent administration later renounces their interest, that later renunciation has no effect on the validity of the independent administration already granted, and the people who end up receiving the renounced share, whether by accretion or substitution, are not required to give their own separate consent.
Subsection B addresses a different risk. Signing the application for independent administration is a procedural act, choosing which administration track applies, and it does not by itself count as formally or informally accepting the succession, a substantive decision with its own legal consequences, including potential personal exposure for the succession's debts.
Together, these protections let heirs and legatees cooperate on procedure without being pushed into deciding whether to accept the succession, and without the independent administration itself becoming vulnerable every time one participant later has second thoughts about their inheritance.
Frequently Asked Questions
What happens to an independent administration if an heir who agreed to it later renounces their share?
Nothing changes for the administration itself. Article 3396.11 provides that a later renunciation has no effect on the validity of independent administration already granted.
Do the people who inherit a renounced share have to consent separately?
No. Article 3396.11 does not require their consent, even though they now hold an interest in the succession.
Does agreeing to independent administration count as accepting the succession?
No. Article 3396.11 states that concurring in the application does not itself amount to formal or informal acceptance of the succession.
Why does Louisiana distinguish between consenting to a procedure and accepting an inheritance?
Because acceptance carries its own legal consequences, and heirs should be able to cooperate on which administration track to use without being forced into that separate decision.
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
Also known as: Article 3396.11 Louisianarenunciation independent administration Louisianaconsenting to independent administration not acceptanceheir renounces after independent administration approvedformal informal acceptance succession Louisiana