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Art. 3396.Definitions

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 defines the vocabulary for Chapter 13's independent-administration track, establishing that independent administrator and independent executor are interchangeable terms for a court-authorized succession representative, and that letters of independent administration carry the same force as ordinary letters testamentary or letters of administration.

Full Text of Art. 3396

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In this Chapter:
(1) "Independent administration" means the administration of an estate in accordance with the provisions of this Chapter.
(2) "Independent administrator" means the succession representative authorized by the court to administer a succession in accordance with the provisions of this Chapter. The term "independent administrator" means and includes "independent executor".
(3) "Independent executor" means and includes an independent administrator.
(4) "Letters of independent administration" means letters testamentary or letters of administration that signify that the administration of a succession by the designated succession representative is authorized pursuant to the provisions of this Chapter. The term "letters of independent administration" includes "letters of independent executorship", and the term "letters of independent executorship" includes "letters of independent administration". Such letters have the same force and effect as letters of administration or letters testamentary in a succession that is administered in accordance with the other provisions of this Book.

Amendment History

Acts 2001, No. 974, §1.

Plain-English Summary

Chapter 13 introduces a different way to administer a Louisiana succession. Independent administration lets a succession representative act largely without the individual court orders, notices, and publications that the rest of this Title requires for many routine steps, such as sales or cash disbursements, under the default, court-supervised model. Article 3396 opens the Chapter by settling its vocabulary before the later articles build out the mechanics.

Independent administration means administration carried out under this Chapter's rules. An independent administrator is the succession representative the court authorizes to administer that way, and the definition folds in independent executor as a synonym, since a testate succession's representative is normally called an executor and an intestate succession's representative an administrator. Letters of independent administration are the formal document certifying that authority, equivalent to letters of independent executorship and carrying the same legal force as ordinary letters testamentary or letters of administration issued under Article 3159.

Defining these terms together at the outset avoids repeating parallel testate and intestate labels throughout the rest of the Chapter, since a single set of terms now covers a succession representative regardless of whether the underlying succession is testate or intestate.

Frequently Asked Questions

What is independent administration under Louisiana law?

An alternative way of administering a succession, set out in Chapter 13, that lets the succession representative act without seeking individual court authorization for most routine steps.

Is there a difference between an independent executor and an independent administrator?

No. Article 3396 treats the two terms as interchangeable, reflecting only whether the underlying succession is testate or intestate.

Do letters of independent administration carry the same authority as ordinary letters?

Yes. Article 3396 gives letters of independent administration the same force and effect as letters testamentary or letters of administration issued in a succession administered under the rest of this Book.

Where do the actual mechanics of independent administration appear if this article is just definitions?

In the articles that follow, beginning with Article 3396.1, which describe how a succession representative qualifies for and exercises 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
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