Art. 3338 Deceased or interdicted succession representative

If someone who was managing a deceased person's estate (called a succession representative) dies or is declared legally incapable of handling their own affairs, someone still needs to account for how that estate was managed. This rule explains who can step in to provide that accounting.

The deceased or incapacitated representative's own heirs or their legal representative can file a report showing how they handled the estate's administration. This report is called an account, and it details things like what money came in, what was paid out, and how the estate's assets were managed during their time in charge.

If the heirs or legal representative don't file this account on their own, anyone with a real interest in the estate can ask the court to step in. When this happens, the court must order that the accounting be filed. This protects people who have a stake in the estate, like beneficiaries or creditors, by making sure they get a clear record of how the estate was handled, even if the person originally in charge can no longer provide that information themselves.