Art. 3396.15.Rights, Powers, and Duties; Performance Without Court Authority
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
Full Text of Art. 3396.15
Amendment History
Acts 2001, No. 974, §1.
Plain-English Summary
Article 3396.15 is the defining article of Chapter 13. It does not give an independent administrator any new authority beyond what an ordinary succession representative already has. Instead, it grants the same rights, powers, authorities, privileges, and duties that Chapters 4 through 12 of this Title give any succession representative, covering everything from taking possession of estate property to selling it, leasing it, continuing a business, or paying its debts.
What changes is how that authority gets exercised. An independent administrator may act without the necessity of delay for objection, or application to, or any action in or by, the court. In practice, that means no waiting period for interested parties to object before a sale closes, no petition-and-order cycle before each individual transaction, and no publication requirement before routine acts that the default process would otherwise demand.
The contrast with default, court-supervised administration is sharp. Elsewhere in this Title, a succession representative typically needs notice, publication, and a court order before selling property, borrowing against the estate, or continuing a decedent's business. Article 3396.15 removes that transaction-by-transaction court involvement for an independent administrator, letting the same underlying powers be exercised directly.
The phrase except as expressly provided otherwise in this Chapter matters too. Later articles carve out specific exceptions even within the independent track, including how claims against the estate are enforced, how accountings work, and how removal proceeds, so independent administration reduces court supervision without eliminating every safeguard.
Frequently Asked Questions
What powers does an independent administrator have compared to a regular succession representative?
The same powers. Article 3396.15 grants an independent administrator the same rights, powers, and duties Chapters 4 through 12 give any succession representative.
Does an independent administrator still need court approval to sell estate property?
No, in general. Article 3396.15 lets the administrator act without the delay for objection or the application to, or action by, the court that default administration otherwise requires.
What is the main difference between independent and default administration in Louisiana?
Both give the succession representative the same underlying powers; independent administration lets those powers be exercised directly, without individual court orders, notices, or publications for most routine steps.
Are there any limits on an independent administrator's freedom to act without court involvement?
Yes. Article 3396.15 applies except as expressly provided otherwise in Chapter 13, and later articles impose specific exceptions covering claims enforcement, accounting, and removal.