The court on motion of any interested person, after a contradictory hearing, may remove an independent administrator for any of the reasons provided in Book VI for which a succession representative may be removed from office. In addition, the court on motion of any interested person, after a contradictory hearing, may for good cause order that the letters of independent administration be withdrawn and that the succession thereafter be administered under the procedures set forth elsewhere in Book VI, other than those contained in this Chapter.
Art. 3396.20.Removal of Succession Representative and Termination of Independent Administration
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 3396.20 lets the court, after a contradictory hearing on any interested person's motion, remove an independent administrator on any ground available for removing a succession representative, and separately, for good cause, withdraw the letters of independent administration entirely and shift the succession to Book VI's other administration procedures.
Full Text of Art. 3396.20
Amendment History
Acts 2001, No. 974, §1.
Plain-English Summary
Article 3396.20 supplies Chapter 13's exit mechanism, and it bundles two distinct remedies into a single article. The first targets the person: on the motion of any interested person, and after a contradictory hearing, the court may remove an independent administrator for any of the reasons that would justify removing a succession representative generally elsewhere in Book VI.
The second targets the status rather than the person. Even where removing the individual administrator is not warranted, the court may, for good cause and again after a contradictory hearing, order that the letters of independent administration be withdrawn, shifting the succession to be administered thereafter under Book VI's other procedures rather than under Chapter 13.
Both remedies share the same procedural safeguard: a contradictory hearing, giving the administrator or an interested party the chance to be heard before either the person or the administration track changes. Together, they reflect that independent administration operates on an assumption of trust and unanimous agreement among the heirs and legatees, and this article supplies the way out when that trust breaks down or the streamlined approach stops serving the estate well.
Frequently Asked Questions
Can an independent administrator be removed the same way as any other succession representative?
Yes. Article 3396.20 lets the court remove an independent administrator for any reason that would justify removing a succession representative under Book VI generally.
Is there a way to end independent administration without removing the administrator personally?
Yes. For good cause, the court may withdraw the letters of independent administration and shift the succession to the other administration procedures in Book VI, apart from removing the administrator.
What happens to a succession after independent administration is terminated?
It continues to be administered under Book VI's other, default provisions rather than under Chapter 13's independent-administration procedures.
Does the administrator get a hearing before removal or termination?
Yes. Both remedies under Article 3396.20 require a contradictory hearing before the court acts.
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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