Except as otherwise provided by law, including but not limited to Articles2641 and 2674, the succession representative appointed by a court of this state is the proper defendant in an action to enforce an obligation 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. 734.Succession
Title III. Parties · Chapter 3. Parties Defendant · Enacted 1991 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 734 makes the court-appointed succession representative the proper defendant for claims against a deceased person's estate while it remains under administration, and frees the plaintiff from having to join the deceased's heirs or legatees individually.
Full Text of Art. 734
Amendment History
Acts 1991, No. 229, §1.
Plain-English Summary
When someone dies in Louisiana, the law calls the collection of property, rights, and debts they leave behind a succession — the civil-law equivalent of what other states call an estate. While a succession is under administration, meaning a court proceeding is open to settle the deceased's affairs, Article 734 names the succession representative as the proper defendant for any claim to enforce an obligation the deceased or the succession owes.
A succession representative is the person a Louisiana court appoints to administer the succession — filing an inventory, paying debts, and eventually distributing what remains. Suing that representative, rather than tracking down every heir or legatee individually, lets a creditor pursue a claim against the succession's assets through one accountable party while the estate remains open.
The article also spares the plaintiff a real burden: the heirs or legatees of the deceased do not need to be joined as parties, whether they are in Louisiana or elsewhere, and regardless of whether the claim is personal, real, or mixed. That rule holds so long as the succession stays under administration; a short list of exceptions elsewhere in the Code governs a few succession-related proceedings that follow their own rule instead.
Frequently Asked Questions
What is a succession under Louisiana law?
A succession is the body of property, rights, and obligations a deceased person leaves behind, along with the transmission of those things to the deceased's heirs or legatees. It is Louisiana's civil-law term for what other states call an estate.
Who is the proper defendant in a suit against a deceased person's estate?
While the succession is under administration, the succession representative — the person the court has appointed to administer it — is the proper defendant. Article 734 excuses the plaintiff from joining the deceased's heirs or legatees as parties.
What does it mean for a succession to be under administration?
It means a court proceeding is open to settle the deceased's affairs, with a succession representative appointed to inventory assets, pay debts, and eventually distribute what remains to the heirs or legatees.
Do I have to name the deceased's heirs individually in my lawsuit?
Not while the succession remains under administration and has a representative. Article 734 lets the suit proceed against the succession representative alone, without joining the heirs or legatees, whether the claim is personal, real, or mixed.
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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