Except as otherwise provided by law, all of the rules applicable to the judicial opening of a succession, its administration, and sending the heirs or legatees into possession on its termination apply to the small succession.
Art. 3442.Administration of Successions; Procedure
Book VI. Probate Procedure · Title V. Small Successions · Chapter 3. Judicial Proceedings · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3442 applies the ordinary rules governing a succession's judicial administration, and sending heirs or legatees into possession once it ends, to a small succession that requires administration rather than a simple acceptance.
Full Text of Art. 3442
Plain-English Summary
Not every small succession can proceed through Article 3441's simpler acceptance-without-administration track. Debts may need to be paid, property may need to be sold, or a creditor or particular legatee may have demanded security under Title II's rules, any of which forces the estate into administration despite otherwise qualifying as small under Article 3421.
For that situation, Article 3442 carries over Title III's full administration apparatus: appointing a succession representative, taking an inventory or descriptive list, enforcing claims against the succession, paying estate debts, filing an accounting, obtaining homologation of a final tableau of distribution, and eventually sending the heirs or legatees into possession once the administration ends. All of it applies to the small succession, again subject to Title V's specific modifications, including Article 3422's cost and compensation limits and Article 3443's abbreviated sale-publication rules.
The contrast this draws is worth noting. Title V promises simplicity, but a small estate that needs administration in fact still runs a scaled-down version of the same process an ordinary succession uses, just at reduced cost. The savings are real, but they do not eliminate the underlying administration when the facts of the estate call for one.
Frequently Asked Questions
Does a small succession ever need a full administration?
Yes, when circumstances such as unpaid debts, a needed sale of property, or a creditor's or particular legatee's demand for security make administration necessary, notwithstanding the estate's small-succession status.
What happens when a small succession needs an appointed representative?
Title III's rules on qualifying, appointing, and empowering a succession representative apply, carried over by Article 3442.
How does Article 3442 interact with Article 3422's cost reductions?
Article 3442 imports the ordinary administration rules, while Article 3422 modifies the cost and compensation figures that apply within that administration for a small succession.
What's the difference between Articles 3441 and 3442?
Article 3441 covers acceptance without administration, the simpler judicial track. Article 3442 covers full administration, for a small succession that needs it.
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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