Art. 3396.5 Independent administration when decedent dies intestate

When someone dies without a will, their heirs can choose to have the estate handled through independent administration instead of the regular court process. This means the heirs work together and agree on one person to manage the estate without the court closely supervising every step.

To make this happen, all the heirs must agree on both the idea of independent administration and on who should serve as the administrator. They name this person when they first apply to open the estate, or they can do it later on. As long as everyone agrees, the court will approve the request and officially appoint the person the heirs picked.

This process gives families more control and can make settling the estate faster and simpler. But it only works if every single heir is on board. If even one heir disagrees, the estate would likely go through the standard administration process instead, which involves more court oversight.