Art. 3396.3.Designation of Executor But Failure to Provide For Independent Administration By Testator

Not every testator addresses independent administration, even when the testament does name an executor. Article 3396.3 covers exactly that gap: the decedent died testate, the testament designates an executor, but it does not provide for independent administration as Chapter 13 describes. Without more, the estate would proceed under the default, court-supervised process.

The general or universal legatees, meaning those who take a share or the whole of the estate rather than specific items, can change that outcome. If they all agree, they may collectively designate the person already named in the testament as independent executor, either in the application filed for probate or at some later point in the proceedings. Once they do, the court enters an order granting independent administration and appointing that same person to serve in the independent capacity.

The person's identity does not change, only the administration track does. This article lets legatees add efficiency the testator did not think to specify, without displacing the executor the testator chose.