§ Art. 734 Succession

Codes > Louisiana Code of Civil Procedure > Book I > Title III : Chapter 3 > Art. 734

Art. 734. Succession

    Except as otherwise provided by law, including but not limited to Articles 2641 and 2674, the succession representative appointed by a court of this state is the proper defendant in an action to enforce an obligation of the deceased or of his succession, while the latter is under administration. The heirs or legatees of the deceased, whether present or represented in the state or not, need not be joined as parties, whether the action is personal, real, or mixed.

    RETROACTIVE APPLICATION; SUPERSEDURE--ACTS 1991, NO. 366

    Acts 1991, No. 366 (§ 1 of which amends C.C.P. art. 5091) provides in §§ 2 and 3:

    “Sec. 2. The provisions of this Act are remedial and procedural and shall be applied retroactively and retrospectively to
cure and affect all pending and past legal proceedings and actions in which no final unappealable judgment has been
rendered.

    “Sec. 3. Code of Civil Procedure Article 734 and R.S. 48:441 through 460, inclusive, are hereby superseded to the extent
that those provisions are in conflict with the provisions of this Act and all other laws or parts of laws in conflict herewith
are hereby repealed.”