Art. 3396.13.Testamentary Prohibition of Independent Administration

Article 3396.2 lets a testator opt into independent administration. Article 3396.13 gives the testator the opposite power: to opt out entirely and foreclose the streamlined track for that estate, overriding what heirs or legatees might otherwise agree to under Articles 3396.3 through 3396.6.

Once a testator expressly provides that no independent administration may be allowed, that prohibition controls. If the estate needs administration at all, it proceeds under Book VI's other provisions, meaning the default, court-supervised process with its individual notices, publications, and orders, rather than through Chapter 13's expedited procedures.

A testator might choose this route for any number of reasons, such as wanting the added transparency and court oversight the default process provides for beneficiaries who might not otherwise track the administration closely, or simple caution about giving a representative broad authority without individual court checks. Whatever the reason, this article makes the testator's choice binding on the heirs and legatees, who cannot agree their way around it.