If a successor dies before the filing of an application for independent administration and the share of the successor is transmitted to his estate, then the deceased successor's universal successors, or the succession representative if one has qualified as such, may sign the application for independent administration of the decedent's estate.
Art. 3396.12.Death of Successor
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 3396.12 lets a deceased successor's own universal successors, or that successor's succession representative if one has qualified, sign the application for independent administration when the original successor died before the application was filed and the successor's share passed into the successor's own estate.
Full Text of Art. 3396.12
Amendment History
Acts 2001, No. 974, §1.
Plain-English Summary
The concurrence structure Chapter 13 relies on assumes each heir or legatee is alive and able to sign the application for independent administration. Article 3396.12 addresses what happens when that assumption fails: a successor dies before the application is filed, and the deceased successor's share of the original succession passes into that person's own estate rather than remaining with a living heir.
Rather than waiting for the second estate to be fully settled before the first succession can proceed, this article lets the deceased successor's own universal successors sign the application in the deceased successor's place. If a representative has already qualified for the second estate, that representative may sign instead.
The rule keeps the concurrence chain workable even across successive deaths, consistent with Chapter 13's broader goal of moving a succession toward independent administration without unnecessary delay, whether the delay would come from court process or from a chain of deaths among the successors themselves.
Frequently Asked Questions
What happens if an heir dies before signing the independent-administration application?
Article 3396.12 lets the deceased heir's own universal successors, or that heir's succession representative if one has qualified, sign in the deceased heir's place.
Who can sign in place of a successor who has already died?
The deceased successor's universal successors, or the succession representative of the deceased successor's own estate if one has qualified.
Does the deceased successor's own estate need a qualified representative first?
No. If no representative has qualified yet, the deceased successor's universal successors may sign directly.
Why does Louisiana allow someone else to sign on a deceased successor's behalf here?
To keep the concurrence process for independent administration from being delayed by a chain of successive deaths among the successors.
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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