A. If a successor whose concurrence is required is an unemancipated minor, the concurrence may be made on his behalf by the administrator of his estate or his natural tutor, as appropriate, without the need for a formal tutorship proceeding or concurrence of an undertutor. B. If a successor whose concurrence is required is an interdict, the concurrence may be made on his behalf by the curator without the need for court authorization in the interdiction proceeding or concurrence of the undercurator.
Art. 3396.9.Interdict Or Unemancipated Minor
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 13. Independent Administration of Estates · Last amended 2016 · Last verified July 30, 2026
In one sentenceArticle 3396.9 lets the administrator of an unemancipated minor's estate or the minor's natural tutor consent to independent administration on the minor's behalf without a formal tutorship proceeding, and lets an interdict's curator do the same without court authorization in the interdiction proceeding, each without needing an undertutor or undercurator to join in.
Full Text of Art. 3396.9
Amendment History
Amended by Acts 2016, No. 86, §2, eff. 8/1/2016. Acts 2001, No. 974, §1.
Plain-English Summary
An unemancipated minor or an interdict cannot personally manage an inheritance or make a binding legal decision about it, so someone else must act on that heir's behalf whenever concurrence in independent administration is required. Article 3396.9 identifies who that person is and streamlines how the consent is given.
For an unemancipated minor, the concurrence may be made by the administrator of the minor's estate or by the minor's natural tutor, whichever is appropriate, without needing to open a formal tutorship proceeding or obtain the undertutor's concurrence first. For an interdict, the curator may give the concurrence without seeking court authorization within the interdiction proceeding or obtaining the undercurator's agreement.
Both branches of this article reflect the same balance that runs through Chapter 13 generally: the protection an incapacitated heir needs remains in place, since someone must still consent on that heir's behalf, but the layers of formal court process ordinarily surrounding tutorship and interdiction decisions are set aside specifically for this consent.
Frequently Asked Questions
Can a minor heir consent to independent administration personally?
No. Article 3396.9 requires the administrator of the minor's estate or the minor's natural tutor to give the consent on the minor's behalf.
Who consents on behalf of an interdicted heir?
The interdict's curator, without needing separate court authorization in the interdiction proceeding.
Does a formal tutorship proceeding have to be opened first?
No. Article 3396.9 dispenses with that requirement specifically for consenting to independent administration.
Does the undertutor or undercurator need to approve the consent too?
No. This article removes that additional layer of concurrence for purposes of consenting to independent administration.
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 3396.9 Louisianaminor heir independent administration consentinterdict curator independent administration Louisianatutor consent independent administrationundertutor undercurator not required Louisiana