A. When a testament provides for independent administration of an estate, the court shall enter an appropriate order granting independent administration of the estate. B. A statement in a testament to the effect that the succession representative may act as an "independent administrator" or "independent executor" is sufficient to constitute authorization for independent administration of an estate.
Art. 3396.2.Provision For Independent Administration By Testator
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 3396.2 lets a testator authorize independent administration directly in the testament and treats even a brief statement that the succession representative may serve as independent administrator or independent executor as sufficient authorization for the court to grant it.
Full Text of Art. 3396.2
Amendment History
Acts 2001, No. 974, §1.
Plain-English Summary
Article 3396.2 sets out the primary route into independent administration: the testator opts in. When a testament provides for independent administration of the estate, the court enters an order granting it, giving effect to the testator's own choice about how the estate should be run after death.
The bar for that authorization is low. A statement in the testament that the succession representative may act as independent administrator or independent executor is enough on its own; the testator does not need elaborate or technical language, only a clear designation of that role. The Code favors recognizing the testator's intent over demanding a particular form of words.
This testator-driven route stands alongside the default rules Articles 3396.3 through 3396.6 provide for situations where the testament says nothing about independent administration, and it stands opposite Article 3396.13, which lets a testator go the other direction and forbid independent administration outright.
Frequently Asked Questions
How can a testator authorize independent administration in Louisiana?
By including a provision in the testament that calls for independent administration of the estate, which the court then gives effect to by order.
Does a will need specific legal language to grant this authority?
No. A statement that the succession representative may act as independent administrator or independent executor is sufficient under Article 3396.2.
What happens if the testament says nothing about independent administration?
Articles 3396.3 through 3396.6 supply alternative routes, letting legatees or heirs agree to independent administration even without testamentary authorization.
Can a testator also block independent administration instead of authorizing it?
Yes. Article 3396.13 lets a testator expressly prohibit independent administration, the reverse of what this article allows.
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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