Any person having a claim against the estate may enforce the payment or performance of the claim against an independent administrator in the same manner and to the same extent provided for the assertion of such rights in this Code.
Art. 3396.16.Enforcement of Claims Against Estate
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 3396.16 lets anyone with a claim against the estate pursue payment or performance from an independent administrator using the same procedures and to the same extent the Code allows against any succession representative.
Full Text of Art. 3396.16
Amendment History
Acts 2001, No. 974, §1.
Plain-English Summary
Article 3396.15 frees an independent administrator from routine court supervision, but Article 3396.16 makes clear that the estate's creditors do not lose ground because of it. Any person with a claim against the estate may enforce payment or performance of that claim against an independent administrator in the same manner and to the same extent the Code provides for asserting such claims generally, including the presentation and rejection procedures Chapter 5 of this Title sets out.
This article balances the broad grant of authority in Article 3396.15. The independent administrator gains freedom from individualized court oversight over ordinary administrative acts, but that freedom does not translate into reduced accountability toward creditors, who keep the full range of remedies they would have against any succession representative.
Frequently Asked Questions
Can a creditor still sue an independent administrator over an unpaid claim?
Yes. Article 3396.16 lets a creditor enforce a claim against an independent administrator the same way as against any succession representative.
Does independent administration reduce a creditor's rights against the estate?
No. Article 3396.16 preserves the ordinary claims procedures despite the reduced court supervision independent administration otherwise involves.
What procedure governs enforcing a claim against an independent administrator?
The same claim presentation and rejection procedures the Code provides generally, including those set out in Chapter 5 of this Title.
Is a creditor treated differently under independent administration than under default administration?
No. Article 3396.16 applies the same claims-enforcement rules regardless of which administration track the succession representative is using.
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 3396.16 Louisianacreditor claims against independent administratorenforcing claims independent administration Louisianacreditor rights independent administratorclaim against estate independent administration