Tutorship is a personal trust, which does not descend to the heirs of the tutor upon his death. However, the representative of the tutor's succession or the major heirs who have accepted his succession are responsible for the administration of the minor's property until another tutor has been appointed.
Art. 4238.Heirs of Tutor; Responsibility
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 4238 declares tutorship a personal trust that does not pass to the tutor's heirs at death, but requires the deceased tutor's succession representative or any major heirs who accepted the succession to safeguard the minor's property until a new tutor is appointed.
Full Text of Art. 4238
Plain-English Summary
Tutorship attaches to the individual who was appointed, not to that person's family or estate. Article 4238 calls it a personal trust for exactly that reason: when the tutor dies, the office ends for that person rather than passing to whoever inherits from the tutor. This tracks the personal, non-delegable character found elsewhere in the tutorship scheme, including the limits on acting through anyone but a narrow agent under Articles 4264 and 4273.
Ending the office does not end the need to protect the minor's property in the interim. Someone has to keep watch between the tutor's death and the appointment of a successor under Article 4237, and Article 4238 assigns that stopgap responsibility to whoever is handling the deceased tutor's own succession: the succession representative, or the major heirs who have accepted the succession.
This is the tutor-side counterpart to the undertutor's own obligation under Article 4205 to promptly seek a new tutor's appointment once a vacancy occurs. Together, the two articles make sure the gap left by a tutor's death is covered from both directions rather than left to chance.
Frequently Asked Questions
Does a tutorship pass to the tutor's own heirs when the tutor dies?
No. Article 4238 calls tutorship a personal trust that does not descend to the tutor's heirs.
Who protects the minor's property between the tutor's death and a new appointment?
The deceased tutor's succession representative, or the major heirs who have accepted the tutor's succession, until another tutor is appointed.
What is a major heir in this context?
An heir of the deceased tutor who has reached the age of majority and accepted the tutor's succession, taking on responsibility for the minor's property in the interim.
How does a new tutor eventually get appointed after the old tutor dies?
Through Article 4237's successor-appointment process, which follows the same procedure as an original appointment.
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: tutorship personal trust LouisianaArticle 4238 Louisianaheirs of deceased tutor responsibilitywho manages minor's property after tutor diessuccession representative tutor duty