When a tutor or undertutor dies, is removed, or resigns, another tutor or undertutor shall be appointed in his place in the manner provided for an original appointment.
Art. 4237.Appointment of Successor Tutor Or Undertutor
Book VII. Special Proceedings · Title VI. Tutorship · Chapter 7. Disqualification, Revocation of Appointment, Resignation, and Removal · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 4237 requires a successor tutor or undertutor to be appointed in the same manner as an original appointment whenever the office becomes vacant through death, removal, or resignation.
Full Text of Art. 4237
Plain-English Summary
Whichever of the three vacancy triggers applies, whether death, removal under Articles 4234 or 4236, or resignation under Articles 4233 or 4236, Article 4237 sends the vacancy through the same process that filled the office the first time. There is no shortcut for filling a successor's seat: the court works through Chapter 2's appointment sequence again, starting with whether a natural tutor is available before turning to tutorship by will, a legal tutor, or a dative tutor.
This article is the mechanism the undertutor invokes under Article 4205 when the tutorship becomes vacant, and it is also the trigger that restarts the qualification process for whoever is appointed next, including the oath required by Articles 4171 and 4201, any required security, and the letters of tutorship issued under Article 4172.
Because a successor's appointment follows the same track as an original one, the same substantive preferences apply again: a court looks first to whether a natural tutor, typically a surviving parent, is available before considering a legal or dative tutor.
Frequently Asked Questions
How is a new tutor appointed after the old one dies, resigns, or is removed?
Through the same process used for an original appointment, working through the same order of preference among natural, testamentary, legal, and dative tutors.
Does a successor tutor go through the same qualification steps as the first tutor?
Yes, including the oath, any required security, and the issuance of letters of tutorship, since the appointment itself restarts the same process.
Who requests the appointment of a successor after a vacancy?
The undertutor is required to apply for one under Article 4205 when the tutorship becomes vacant; other interested persons may also seek an appointment.
Does Article 4237 apply to undertutor vacancies too?
Yes. It covers a vacancy in either office, tutor or undertutor.
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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