§ Art. 801 Voluntary substitution for deceased party; legal successor

Codes > Louisiana Code of Civil Procedure > Book I > Title III : Chapter 5 > Section 1 : Art. 801

Art. 801. Voluntary substitution for deceased party; legal successor

    When a party dies during the pendency of an action which is not extinguished by his death, his legal successor may have himself substituted for the deceased party, on ex parte written motion supported by proof of his quality.

    As used in Articles 801 through 804, “legal successor” means:

    (1) The survivors designated in Article 2315.1 of the Civil Code, if the action survives in their favor; and

    (2) Otherwise, it means the succession representative of the deceased appointed by a court of this state, if the succession is under administration therein; or the heirs and legatees of the deceased, if the deceased's succession is not under administration therein.