Book VII. Special Proceedings · Title VI. Tutorship · Chapter 4. Security of Tutor · Enacted 2005 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 4133 lets a tutor furnish a special mortgage on otherwise unencumbered immovable property, in the same amount required under Article 4131 and subject to court approval, instead of the bond described in Article 4132, with the tutor bearing the cost and the mortgage stating the minor's date of birth without the omission invalidating it.
Full Text of Art. 4133
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A. Instead of the security required by Articles 4131 and 4132, the tutor may furnish a special mortgage in favor of the minor on immovable property otherwise unencumbered. The mortgage shall be for the same amount as the security required by Article 4131 and shall be approved by the court as provided in Article 4271.
B. The costs occasioned by the furnishing of a special mortgage shall be borne by the tutor.
C. The special mortgage shall include the date of birth of the minor. The failure to include the date of birth of the minor shall not invalidate the mortgage.
Amendment History
Acts 2005, No. 62, §1.
Plain-English Summary
Buying a bond costs money, typically a premium the tutor has to pay out of pocket or, sometimes, out of the minor's own funds. Article 4133 gives a property-owning tutor another route: pledge unencumbered immovable property directly to the minor through a special mortgage, instead of purchasing a bond from a surety.
The substitute has to match what a bond would otherwise provide. The special mortgage must be for the same amount as the security Article 4131 requires, and the court has to approve it the same way it approves other actions affecting a minor's interest. The property offered has to be free of other encumbrances, so the minor's mortgage stands in first position rather than competing with an existing lienholder.
Cost allocation and a technical requirement round out the article. The tutor, not the minor, bears the costs of putting the special mortgage in place. And the mortgage itself must include the minor's date of birth, information that matters for tracking when the mortgage eventually prescribes; leaving it out is a defect, but Article 4133 makes clear that the omission alone does not invalidate the mortgage.
Frequently Asked Questions
Can a tutor avoid buying a bond by pledging real estate instead?
Yes. Article 4133 lets a tutor furnish a special mortgage on unencumbered immovable property instead of the bond described in Article 4132.
Does the special mortgage have to equal the full security amount?
Yes. It must be for the same amount as the security required under Article 4131, and the court must approve it.
Who pays for setting up the special mortgage?
The tutor. Article 4133 places the costs of furnishing the special mortgage on the tutor.
What happens if the minor's date of birth is left out of the special mortgage?
The mortgage is still valid. Article 4133 requires the date of birth to be included but specifies that failing to include it does not invalidate the mortgage.
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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