When a succession representative has been appointed by a court of the decedent's domicile outside Louisiana, priority shall be given to him in the appointment of a representative in Louisiana, unless he is disqualified under Article 3097. Otherwise, priority shall be given in the appointment of a representative as provided in Article 3098.
Art. 3404.Priority In Appointment
Book VI. Probate Procedure · Title IV. Ancillary Probate Procedure · Chapter 1. Ancillary Probate Procedure · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3404 gives priority in the appointment of a Louisiana succession representative to a person already appointed by the court of the decedent's domicile outside Louisiana, unless that person is disqualified under Article 3097, and otherwise applies the general priority rules of Article 3098.
Full Text of Art. 3404
Plain-English Summary
When a decedent's domicile lies outside Louisiana and a court there has already appointed a succession representative, Article 3404 defers to that appointment when it comes time to name a representative for the Louisiana ancillary proceeding. The foreign-appointed person gets first priority, subject to qualifying under Article 3402. The underlying logic favors coordination: the domiciliary court already knows the estate, and letting the same person administer both proceedings reduces friction between them.
That priority is not unconditional. If the foreign-appointed representative is disqualified under Article 3097, the priority described in Article 3404 does not apply to that person. Disqualification exists to keep certain categories of people, such as those who could not properly serve as a representative under Louisiana law, out of the role regardless of where they were appointed.
Where no valid foreign appointment exists, or where the foreign-appointed person is disqualified, Article 3404 falls back to Article 3098's general priority scheme, the same ordering used for any Louisiana succession. In that situation, the ancillary proceeding proceeds exactly as an ordinary succession would in selecting its representative.
Frequently Asked Questions
Who gets priority to be appointed succession representative in a Louisiana ancillary proceeding?
The person already appointed by the court of the decedent's domicile outside Louisiana, so long as that person is not disqualified under Article 3097.
What happens if the foreign-appointed representative is disqualified under Louisiana law?
The priority Article 3404 would otherwise grant does not apply, and appointment instead follows Article 3098's general priority rules.
Does the decedent's domicile matter for who administers Louisiana property?
Yes. Article 3404 ties priority in the Louisiana appointment to the representative already appointed at the decedent's domicile, reflecting a preference for coordinating the two proceedings.
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: priority in appointment ancillary successionArticle 3404 Louisianaforeign domiciliary representative prioritywho administers Louisiana ancillary successiondisqualification succession representative Louisiana