Art. 4134.Natural Tutor; Bond; Recordation of Certificate of Inventory Or Detailed Descriptive List
Book VII. Special Proceedings · Title VI. Tutorship · Chapter 4. Security of Tutor · Last amended 2014 · Last verified July 30, 2026
In one sentenceArticle 4134 exempts a natural tutor from furnishing bond in most cases but requires the tutor to record a certificate stating the minor's date of birth, the tutor's own partial social security number, and the value of the minor's property, which recordation converts into a legal mortgage on the tutor's immovable property protecting the minor, one that prescribes four years after the minor reaches majority.
Full Text of Art. 4134
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A. Except as provided in Article 4135, a natural tutor shall not be required to furnish bond, but shall record in the mortgage records of the parish of his domicile a certificate of the clerk setting forth the date of birth of the minor, the last four digits of the social security number of the tutor and the total value of the minor's property according to the inventory or detailed descriptive list filed in the tutorship proceeding. If the minor has no assets, then no certificate need be filed until he acquires assets. If the only asset is a contested claim, then no certificate need be filed until the claim is recovered, as provided in Article 4131(D). A certificate of the recorder of mortgages setting forth the recordation of the clerk's certificate shall be filed in the tutorship proceedings before the tutor is appointed or letters of tutorship are issued.
B. Within thirty days after his appointment, the natural tutor shall cause the clerk's certificate to be recorded in the mortgage records of every other parish in the state in which he owns immovable property.
C. The recordation operates as a legal mortgage for the amount of the certificate in favor of the minor on all the immovable property of the tutor situated within any parish where recorded. A certificate recorded in the amount of zero dollars shall not create a legal mortgage. If the certificate does not contain the information required by Paragraph A of this Article, it will not be effective against third parties. D. The legal mortgage shall prescribe four years after the minor reaches majority and shall be canceled from the mortgage record upon the request of any interested party.
Article 4061 already flagged that a natural tutor secures the minor's property through a legal mortgage rather than the bond other tutors must post. Article 4134 works out exactly how that legal mortgage comes into being, and it is the central mechanism by which Louisiana law protects a minor's property against the risk that a parent-tutor, however well-meaning, mismanages it.
Instead of a bond, the natural tutor records, in the mortgage records of his own parish of domicile, a clerk's certificate stating the minor's date of birth, the last four digits of the tutor's social security number, and the total value of the minor's property according to the inventory or descriptive list. No certificate is needed if the minor has no assets, or if the minor's only asset is a contested claim, until it is recovered. A certificate confirming that recordation has to be filed in the tutorship proceeding before the tutor is appointed or letters of tutorship issue, and within thirty days after appointment, the natural tutor must record the same certificate in the mortgage records of every other parish where he owns immovable property.
The recordation itself is what creates the protection: it operates as a legal mortgage, in the certificate's amount, against all of the tutor's immovable property in every parish where the certificate is recorded. A certificate recorded for zero dollars creates no mortgage at all, and a certificate missing the required information is not effective against third parties, so the protective effect depends on getting the certificate right. The resulting mortgage does not last forever — it prescribes four years after the minor reaches the age of majority, and any interested party can then have it canceled from the mortgage record.
This legal mortgage scheme is what lets a parent serve as tutor without buying a bond: instead of a third-party surety standing behind the minor's property, the parent's own immovable property stands behind it automatically, recorded where anyone searching the mortgage records can see it.
Frequently Asked Questions
Does a natural tutor have to post a bond in Louisiana?
Generally no. Article 4134 exempts a natural tutor from the bond requirement, except as provided in Article 4135, and substitutes a recorded certificate that creates a legal mortgage instead.
What information has to be in a natural tutor's recorded certificate?
The minor's date of birth, the last four digits of the tutor's social security number, and the total value of the minor's property according to the inventory or detailed descriptive list.
How does recording the certificate protect the minor?
The recordation operates as a legal mortgage, in the certificate's amount, on all of the tutor's immovable property in every parish where the certificate is recorded.
What if the natural tutor owns immovable property in more than one parish?
The tutor must record the certificate in the mortgage records of every other parish where he owns immovable property, within thirty days after his appointment.
How long does the legal mortgage created by this certificate last?
It prescribes four years after the minor reaches the age of majority and is then canceled from the mortgage record on the request of any interested party.
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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