When a decedent dies intestate, all of the intestate successors may agree on the advisability of having an independent administration and collectively designate, in the application for administration of the decedent's estate, or thereafter, a qualified person to serve as independent administrator. In such case, the court shall enter an order granting independent administration and appointing the person designated in the application as independent administrator.
Art. 3396.5.Independent Administration When Decedent Dies Intestate
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 3396.5 extends independent administration to intestate successions, letting all the intestate successors agree on its advisability and collectively designate, in the administration application or afterward, a qualified person to serve as independent administrator.
Full Text of Art. 3396.5
Amendment History
Acts 2001, No. 974, §1.
Plain-English Summary
Independent administration is not confined to successions with a will. Article 3396.5 offers the same streamlined track to intestate successions, where the decedent left no testament at all. All of the intestate successors, the heirs who inherit under the law's default rules, may agree on the advisability of independent administration and collectively designate a qualified person to serve as independent administrator.
That designation can happen in the application for administration of the decedent's estate or at some point afterward, the same flexible timing Articles 3396.3 and 3396.4 allow for testate successions. Once the successors have agreed and named someone, the court enters an order granting independent administration and appointing the designated person.
This article confirms that independent administration is available across both major branches of Louisiana succession law, testate and intestate, provided the successors on either side unite around one decision and one chosen administrator.
Frequently Asked Questions
Can an intestate succession use independent administration in Louisiana?
Yes. Article 3396.5 lets the intestate successors agree to independent administration even though there is no will.
Who has to agree to appoint an independent administrator when there is no will?
All of the decedent's intestate successors must agree and collectively designate the person to serve.
When does the designation of an independent administrator have to happen?
Either in the application for administration of the decedent's estate or at any point afterward.
Does every heir have to consent under this article?
Yes. Article 3396.5 requires agreement among all of the intestate successors, not just a majority.
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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