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La. Rev. Stat. § 12:1333 (2026)

Powers of estate of a deceased or incompetent member

✓ current as of May 2026
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§1333. Powers of estate of a deceased or incompetent member

           A. Except as otherwise provided in the articles of organization, a written operating agreement, or as provided in R.S. 12:1333.1, if a member who is an individual dies or a court of competent jurisdiction adjudges him to be incompetent to manage his person or his property, the member's membership ceases and the member's executor, administrator, guardian, conservator, or other legal representative shall be treated as an assignee of such member's interest in the limited liability company.

           B. If the last remaining member dies, the duly appointed executor or administrator of the member shall have the authority to sell any real estate owned by the limited liability company.

           C. If the last remaining member is an individual and a court of competent jurisdiction adjudges him to be incompetent to manage his person or his property, the curator of the member shall have the authority to sell any real estate owned by the limited liability company.

           D. Except as otherwise provided in the articles of organization or a written operating agreement, if a member is a corporation, trust, or other entity and is dissolved or terminated, the member's membership ceases and the member's legal representative or successor shall be treated as an assignee of such member's interest in the limited liability company.

           E. If all members die, the succession representative of any of the deceased members may petition the court for dissolution, windup, and liquidation of the limited liability company pursuant to R.S. 12:1334 et seq.

           Acts 1992, No. 780, §2, eff. July 7, 1992; Acts 1993, No. 475, §4, eff. June 9, 1993; Acts 2014, No. 251, §1, eff. August 1, 2014; Acts 2016, No. 170, §1, eff. August 1, 2016; Acts 2022, No. 156, §1, eff. August 1, 2022.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 2004–2021 · leading case: Succession of Scheuermann ex rel. Gonzalez v. Scheuermann & Jones LLC ex rel. Jones, 171 So. 3d 975 (La. Ct. App. 2015).
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Succession of Scheuermann ex rel. Gonzalez v. Scheuermann & Jones LLC ex rel. Jones, 171 So. 3d 975 (La. Ct. App. 2015). · cites it 3× “R.S. 12:1333 pursuant to Acts [sic] 966 and 968 of the La.”
Channelside Servs., LLC v. Chrysochoos Grp., Inc., 194 So. 3d 751 (La. Ct. App. 2016). “R.S. 12:1333 of the Louisiana LLC Act, the Third Circuit found that plaintiff, as the personal representative of the deceased member, became an assignee of decedent’s membership interest, in the LLC.”
Kinkle v. RDC, LLC, 889 So. 2d 405 (La. Ct. App. 2004). “R.S. 12:1333, Richard's membership in R.D.”
Schauf v. Schauf, 247 So. 3d 172 (La. Ct. App. 2018). “R.S. 12:1333(A) provides: Except as otherwise provided in the articles of organization or a written operating agreement, if a member who is an individual dies or a court of competent jurisdiction adjudges him to be incompetent to manage his person or his property, the member's…”
Grosjean v. Grosjean, 50 So. 3d 233 (La. Ct. App. 2010). “R.S. 12:1333. Powers of estate of a deceased or incompetent member.”
In re McCalmont, 261 So. 3d 903 (La. Ct. App. 2018). “R.S. 12:1333, this court found that plaintiff, as the representative of the deceased member, became an assignee of decedent's membership interest in the LLC.”
In re McCalmont, 261 So. 3d 903 (La. Ct. App. 2018). “R.S. 12:1333, this court found that plaintiff, as the representative of the deceased member, became an assignee of decedent's membership interest in the LLC.”
Lisa Parker v. Paladin Contractors, LLC (La. Ct. App. 2021). “R.S. 12:1333(A) (providing that “if a member who is an individual dies .”
Holly Henderson, Formerly Known As, Holly Citelli v. Stephen E. Chrisman & Traci L. Chrisman (Tex. App. 2015). “109; La. Rev. Stat. Ann. § 12:1333 and § 12:1330(A).”
La. Rev. Stat. § 12:1333(A): 2 cases
Schauf v. Schauf, 247 So. 3d 172 (La. Ct. App. 2018). “R.S. 12:1333(A) provides: Except as otherwise provided in the articles of organization or a written operating agreement, if a member who is an individual dies or a court of competent jurisdiction adjudges him to be incompetent to manage his person or his property, the member's…”
Lisa Parker v. Paladin Contractors, LLC (La. Ct. App. 2021). “R.S. 12:1333(A) (providing that “if a member who is an individual dies .”
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