Louisiana Civil Code

Table of Contents (Download PDF)

CHAPTER 6 - ACCEPTANCE AND RENUNCIATION OF SUCCESSIONS

 

SECTION 1 - GENERAL PRINCIPLES

Art. 947. A successor is not obligated to accept rights to succeed. He may accept some of those rights and renounce others. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 948. A successor who is a minor is deemed to accept rights to succeed, but his legal representative may renounce on behalf of the minor when expressly authorized by the court. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 949. A person may not accept or renounce rights to succeed before the death of the decedent. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 950. An acceptance or renunciation is valid only if the successor knows of the death of the person to be succeeded and knows that he has rights as a successor. It is not necessary that he know the extent of those rights or the nature of his relationship to the decedent. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 951. A premature acceptance or renunciation is absolutely null. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 952. An acceptance or renunciation of rights to succeed by intestacy is null if a testament is subsequently probated or given the effect of probate. An acceptance or renunciation of rights to succeed in a testate succession is null if the probate of the testament is subsequently annulled or the rights are altered, amended, or revoked by a subsequent testament or codicil. [Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 824, §1]

Art. 953. A legacy that is subject to a suspensive condition may be accepted or renounced either before or after the fulfillment of the condition. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 954. To the extent that he accepts rights to succeed, a successor is considered as having succeeded to those rights at the moment of death of the decedent. To the extent that a successor renounces rights to succeed, he is considered never to have had them. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 955. [Reserved]

Art. 956. A successor may assert a claim that he has as a creditor of the estate whether he accepts or renounces his succession rights. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

 

SECTION 2 - ACCEPTANCE

Art. 957. Acceptance may be either formal or informal. It is formal when the successor expressly accepts in writing or assumes the quality of successor in a judicial proceeding. It is informal when the successor does some act that clearly implies his intention to accept. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 958. Acts of the successor concerning property that he does not know belongs to the estate do not imply an intention to accept. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 959. An act of ownership that can be done only as a successor implies acceptance, but an act that is merely administrative, custodial, or preservative does not imply acceptance. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 960. A renunciation shall be deemed to be an acceptance to the extent that it causes the renounced rights to devolve in a manner other than that provided by law or by the testament if the decedent died testate. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 961. Acceptance obligates the successor to pay estate debts in accordance with the provisions of this Title and other applicable laws. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 962. In the absence of a renunciation, a successor is presumed to accept succession rights. Nonetheless, for good cause the successor may be compelled to accept or renounce. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

 

SECTION 3 - RENUNCIATION

Art. 963. Renunciation must be express and in writing. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 964. The rights of an intestate successor who renounces accrete to those persons who would have succeeded to them if the successor had predeceased the decedent. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 965. In the absence of a governing testamentary disposition, the rights of a testate successor who renounces accrete to those persons who would have succeeded to them if the legatee had predeceased the decedent. [Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 824, §1]

Art. 966. A person to whom succession rights accrete may accept or renounce all or part of the accretion. The acceptance or renunciation of the accretion need not be consistent with his acceptance or renunciation of other succession rights. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

 

SECTION 4 - ACCEPTANCE OF SUCCESSION BY CREDITORS

Art. 967. A creditor of a successor may, with judicial authorization, accept succession rights in the successor's name if the successor has renounced them in whole or in part to the prejudice of his creditor's rights. In such a case, the renunciation may be annulled in favor of the creditor to the extent of his claim against the successor, but it remains effective against the successor. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 968. [Reserved]

Arts. 969-1074. [Blank]