Except where the testament provides otherwise, an independent administrator shall not be required to provide security for the administration of the estate. If an interested person, such as an heir, legatee, or creditor of the estate requests security, then upon application by such party, and after a contradictory hearing, the court may order the independent administrator to furnish security as the court determines to be adequate.
Art. 3396.14.Security of Independent Administrator
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 3396.14 excuses an independent administrator from posting security unless the testament requires it, but lets an interested heir, legatee, or creditor apply for a contradictory hearing at which the court may order the administrator to furnish whatever security it finds adequate.
Full Text of Art. 3396.14
Amendment History
Acts 2001, No. 974, §1.
Plain-English Summary
Ordinary succession representatives generally must post security, or a bond, under the rules Chapter 1 of this Title sets out. Article 3396.14 departs from that default for independent administrators: no security is required unless the testament itself calls for it, reflecting the reduced court supervision that defines the independent track throughout Chapter 13.
That default is not absolute. An interested person, such as an heir, legatee, or creditor of the estate who is uneasy about proceeding without a bond, can apply to the court for a contradictory hearing. If the applicant makes the case, the court may order the independent administrator to furnish security in whatever amount the court determines to be adequate.
The structure balances two goals at once: freedom from routine bonding costs, part of what makes independent administration efficient, against a case-by-case safety valve available to any interested party who has a concrete reason to want the added protection a bond provides.
Frequently Asked Questions
Does an independent administrator have to post a bond in Louisiana?
Not by default. Article 3396.14 excuses an independent administrator from providing security unless the testament requires it.
Can a testament require an independent administrator to provide security anyway?
Yes. If the testament calls for security, that requirement controls despite the general exemption in Article 3396.14.
What can an heir or creditor do if they want the administrator to post security?
Apply to the court for a contradictory hearing, at which the court may order the independent administrator to furnish adequate security.
Who decides how much security is adequate?
The court, after the contradictory hearing, determines the amount of security it considers adequate under the circumstances.
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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