An action to enforce an obligation, if the obligor is dead, may be brought against the heirs, universal legatees, or general legatees, who have accepted his succession, except as otherwise provided by law. The liability of these heirs and legatees is determined by the provisions of the Civil Code.
Art. 427.Action Against Obligor's Heirs Or Legatees
Title II. Actions · Chapter 1. General Dispositions · Enacted 1997 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 427 lets a claimant sue a deceased obligor's heirs and legatees who accepted the succession to enforce the obligation the deceased owed, with the Civil Code's succession provisions setting the precise scope of each heir's or legatee's liability.
Full Text of Art. 427
Amendment History
Acts 1997, No. 1421, §3, eff. 7/1/1999.
Plain-English Summary
Article 427 is the mirror image of Article 426, viewed from the debtor's side of the ledger. When the person who owed an obligation dies, the claim doesn't disappear with them. A suit to enforce it can be brought against the heirs, universal legatees, or general legatees who accepted the succession.
Accepting a succession matters here. Louisiana lets an heir or legatee accept or renounce what they've been left, and only those who accept step into a position to be sued on the deceased's obligations. How much each of them owes, whether they're liable only up to the value of what they inherited or more broadly, is a question the Civil Code's succession rules answer, not this article.
Together with Article 426, this article means that death interrupts neither side of an unresolved obligation. The right to sue passes to the deceased obligee's heirs and legatees; the exposure to suit passes to the deceased obligor's heirs and legatees who accepted the succession.
Frequently Asked Questions
Can I sue the heirs of someone who died owing me money?
Yes, so long as those heirs or legatees accepted the deceased person's succession. Article 427 lets the claim proceed against them.
What happens if an heir renounced the succession instead of accepting it?
An heir or legatee who renounces the succession is not exposed to suit on the deceased's obligations under this article, since only those who accepted are reachable.
How much does each heir owe?
Article 427 does not set that amount itself; it points to the Civil Code's succession provisions to determine the extent of each heir's or legatee's liability.
Source & verification. Article text is reproduced verbatim from
the vLex (Louisiana Code of Civil Procedure, 2026 Edition). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as: suing a deceased debtor Louisianasuccession liability for debtsaction against heirs and legateesaccepting a succession Louisiana