Except as otherwise provided by law, the succession representative appointed by a court of this state is the proper plaintiff to sue to enforce a right of the deceased or of his succession, while the latter is under administration. The heirs or legatees of the deceased, whether present or represented in the state or not, need not be joined as parties, whether the action is personal, real, or mixed.
Art. 685.Succession
Title III. Parties · Chapter 2. Parties Plaintiff · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 685 makes the succession representative the proper plaintiff to sue on behalf of a deceased person or their succession while it remains under administration, and relieves the heirs or legatees from having to be joined in that suit.
Full Text of Art. 685
Plain-English Summary
A succession is Louisiana's civil-law term for what other states call an estate — the property and obligations a deceased person leaves behind. When a succession is under administration, meaning a court-appointed succession representative is handling its affairs, Article 685 puts that representative in charge of suing to enforce any right belonging to the deceased or to the succession itself.
The article also spares everyone the trouble of naming each heir or legatee as a co-plaintiff. Whether the suit involves personal rights, real property, or a mix of both, and whether the heirs or legatees are present in Louisiana, represented there, or somewhere else, they do not need to be joined — the succession representative's authority to sue on the succession's behalf covers the claim.
Once the succession is no longer under administration, or if the law otherwise provides a different rule for a particular kind of claim, this article's framework gives way to whatever specific rule applies instead.
Frequently Asked Questions
What is a succession in Louisiana law?
It is Louisiana's term for a deceased person's estate — the property, rights, and obligations left behind, which may go through administration by a court-appointed representative.
Who sues to collect a debt owed to someone who has died, while the estate is being administered?
The succession representative appointed by the court is the proper plaintiff to enforce that right on behalf of the deceased or the succession.
Do the heirs need to be named as plaintiffs alongside the succession representative?
No. Article 685 says the heirs or legatees need not be joined, regardless of whether they are present in Louisiana, represented there, or elsewhere.
Does Article 685 apply after the succession is closed?
Article 685 speaks to the period while the succession is under administration; different rules govern who sues once administration ends and property has been placed in the heirs' hands.
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
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