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La. Rev. Stat. § 9:5621 (2026)

Acts of succession representative

✓ laws through the 2025 Regular Session (checked Sept. 2026)
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SUBPART B.  TWO YEARS

§5621.  Acts of succession representative

Actions against any person who has served as curator of a vacant succession or as administrator, testamentary executor, or dative testamentary executor of a succession in this state, or against the surety on his bond, arising out of any act the succession representative, as such, may have done or failed to do, are prescribed by two years, reckoning from the day of the judgment homologating the final account.

This prescription shall not be suspended or interrupted because of the incapacity of the person who might bring the action, reserving to him his recourse against his tutor or curator.

This prescription does not apply to actions for the recovery of any funds or other property misappropriated by the succession representative nor to actions for any amount not paid in accordance with the proposed payments shown on the final account.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1966–2022 · leading case: Fuller v. Baggette, 847 So. 2d 26 (La. Ct. App. 2003).
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Fuller v. Baggette, 847 So. 2d 26 (La. Ct. App. 2003). · cites it 8× “R.S. 9:5621, all actions against Wade except those that allegedly occurred in his capacities as administrator of Helen's succession and Jo Anne's succession had prescribed.”
Succession of Delesdernier, 184 So. 2d 37 (La. Ct. App. 1966). · cites it 2× “Paul Delesdernier was made a party defendant in her capacity as executrix and has *57 pleaded the prescription of two years under LSA-R.S. 9:5621. Apparently the judgment maintained all the exceptions and we must conclude that this one was included.”
Succession of Raziano, 538 So. 2d 1136 (La. Ct. App. 1989). · cites it 3× “Articles 3191 4 and 3222 5 and hence is subject only to the two year prescriptive period established by LSA-R.S. 9:5621. 6 Counsel for Raziano argues that LSA-R.”
Anderson v. Collins, 648 So. 2d 1371 (La. Ct. App. 1995). “) We further observe that under the provisions of LSA-R.S. 9:5621, actions against any person who has served as a curator of a vacant succession or as administrator, testamentary executor, or dative testamentary executor of a succession in this state, or against the surety on…”
In Re Succession of Moore, 737 So. 2d 749 (La. Ct. App. 1998). “R.S. 9:5621 provides a two-year prescriptive period for actions against an executor; however, this two-year period does not apply to an executor's misappropriation.”
Succession of Granger v. Worthington, 829 So. 2d 1108 (La. Ct. App. 2002). “3492 does not apply since this is not a delictual action. Rather, the appropriate prescriptive period in this instance is the ten year prescriptive period for personal actions provided by La.”
Succession of Cole, 108 So. 3d 240 (La. Ct. App. 2012). “R.S. 9:5621, which provides for a two-year prescriptive period for actions against succession representatives.”
Manion v. Pollingue, 524 So. 2d 25 (La. Ct. App. 1988). “The prescriptive period for actions against a succession representative is set out in LSA-R.S. 9:5621 which provides: "Actions against any person who has served as a curator of a vacant succession or as administrator, testamentary executor, or dative testamentary executor of a…”
Succession of Raymond E. Theobald C/W Succession of Edna Bailly Theobald C/W In Re: The Matter of Raymond E. Theobald, 309 So. 3d 878 (La. Ct. App. 2020). · cites it 6× “R.S. 9:5621. As to the breach of fiduciary duty claims against Paul, Emily argued that the ten-year prescriptive period applicable to personal actions under La.”
Hawkins v. Evangeline Bank & Trust Co., 817 So. 2d 141 (La. Ct. App. 2002). “R.S. 9:5621 establishes the prescriptive period for actions against succession administrators: Actions against any person who has served as curator of a vacant succession or as administrator, testamentary executor, or dative testamentary executor of a succession in this state,…”
Succession of Mitchell, 574 So. 2d 500 (La. Ct. App. 1991). · cites it 2× “She argues that the two-year prescriptive period for actions against succession representatives, LSA-R.S. 9:5621, applies to her action. Louise Fontenot is not an heir, legatee or creditor of Laura Richard’s succession.”
Winder v. George, 973 So. 2d 180 (La. Ct. App. 2007). · cites it 4× “R.S. 9:5621. Ms. George filed a peremptory exception of prescription on April 11, 2005, asserting that any claim against her was prescribed under the two-year prescription of La.”
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