Louisiana Independent vs Full Administration

In Louisiana, the bigger fork in the road isn't executor versus administrator — it's whether the succession representative needs the court's permission for every single step, or just the big ones.

La. C.C.P. art. 3396.1 et seq.

Quick answer: independent administration lets the succession representative act on their own judgment for most business, without a court hearing each time. Full (ordinary) administration requires court approval at nearly every step. See how this affects your own estimate in the Louisiana succession timeline calculator.

Side by side

Independent AdministrationFull (Ordinary) Administration
Court approval needed forReal estate sales, major settlements, final distributionInventory, creditor notices, sales, distribution — nearly everything
How it's authorizedTestament authorizes it, or all heirs agreeDefault, absent authorization or agreement
Typical duration3–9 months6–18 months or longer
Applies toExecutor or administratorExecutor or administrator

How a succession qualifies for independent administration

Two paths in: a succession representative can act independently if the decedent's testament specifically authorizes independent administration, or if all the heirs and legatees agree to it after the fact. Without either, the succession proceeds under full, court-supervised administration by default — which is one concrete reason a well-drafted Louisiana testament is worth having even when a trust isn't part of the plan.

What independent administration still can't skip

Even under independent administration, three things still require the court's sign-off: selling immovable property (real estate), significant compromises or settlements of claims, and the final accounting and distribution to heirs. For everything else — collecting assets, paying valid debts, selling movable property at fair value, day-to-day management — the representative acts and reports rather than asking permission in advance.

Executor vs administrator is a separate, smaller question

Independently of the independent-vs-full question, Louisiana still distinguishes an executor (named in a testament) from an administrator (appointed when there's no valid testament). Either one can serve under independent or full administration — the two labels answer different questions.

Facing probate in Louisiana?

A local probate attorney can review your estate — many offer a free consultation.

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Independent vs full administration — frequently asked questions

What's the difference between independent and full administration in Louisiana?

Independent administration lets the succession representative act on their own judgment for most estate business — paying debts, managing and selling movable property — without seeking court approval each time. Full (ordinary) administration requires a hearing and court authorization for nearly every step.

How does a Louisiana succession qualify for independent administration?

Either the testament authorizes it, or all the heirs and legatees agree to it. Without one of those two, the succession defaults to full, court-supervised administration.

What still requires court approval under independent administration in Louisiana?

The sale of immovable property (real estate), significant compromises or settlements of claims, and the final accounting and distribution. Everything else, the representative can generally handle without a hearing.

What's the difference between an executor and an administrator in Louisiana?

An executor is the succession representative named in a valid testament. An administrator is the succession representative appointed when there's no testament, or intestacy applies — the underlying duties are the same either way, and either can serve as an independent or ordinary administrator.

Estimate for general guidance only, not legal advice. Based on La. C.C.P. art. 3396.1 et seq. Which track applies to a specific estate depends on its own facts. Consult a licensed Louisiana attorney before proceeding.