Art. 3396.12 Death of successor

If someone who was supposed to inherit part of an estate dies before the paperwork for independent administration gets filed, their share still passes on to their own heirs. This rule explains who can sign the application in that situation.

If the deceased successor's share is set to go to their estate, then their own heirs (called universal successors) can sign the application instead. If the deceased successor's estate already has someone officially appointed to handle it (a succession representative), that person can sign the application instead of the heirs.

In simple terms, this rule fills a gap. It makes sure that even if someone dies while an estate is still being settled, the process can keep moving forward. Someone else steps in to sign the necessary paperwork so the original estate can still be administered without unnecessary delays.