DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 125 Engrossed 2020 Regular Session Gregory Miller
Abstract: Provides for miscellaneous revisions to the law of successions.
Present law (C.C. Art. 897) provides that ascendants inherit immovables that they gave to their
children or descendants of a more remote degree when the donee dies without posterity and the
immovable is part of the succession.
Proposed law does not change the law but simply updates the term "posterity."
Present law (C.C. Art. 1495) provides for the reduction of the legitime share of a forced heir to an
intestate share in certain circumstances. This is known as the Greenlaw rule.
Proposed law does not change the law but moves the Greenlaw rule to proposed C.C. Art. 1495.1
to ensure its applicability to both the share of a forced heir in the first degree and a share of a forced
heir by representation.
Proposed law (C.C. Art. 1495.1) provides for the calculation of an individual forced heir's legitime
when all forced heirs are of the first degree and when one or more forced heirs are heirs by
representation.
Present law (C.C. Art. 1505) provides for the calculation of the disposable portion of the mass of the
succession.
Proposed law provides for the proper mathematical order of the calculation so that the value of the
debts of a succession are subtracted prior to fictitiously adding donations within three years of the
date of the donor's death.
Present law (C.C.P. Art. 2952) provides for the filing of a detailed descriptive list if no inventory of
the property left by the deceased has been taken.
Proposed law provides that the detailed descriptive list may be sealed upon the request of an heir or
legatee and authorizes the court to release relevant information.
Present law (C.C.P. Art. 3396.18) provides for the filing and sealing of an inventory or detailed
descriptive list in an independent administration of a succession.
Proposed law clarifies that a judgment of possession is also required prior to the closing of an independent administration of a succession.
Present law (R.S. 9:2401) provides for the effectiveness of a will executed outside of this state.
Proposed law repeals present law as duplicative because the Conflicts of Laws provisions in the Civil
Code provide similar rules for the effectiveness of a will executed outside of this state.
(Amends C.C. Arts. 897, 1495, and 1505(A) and (B) and C.C.P. Arts. 2952 and 3396.18(A); Adds
C.C. Art. 1495.1; Repeals R.S. 9:2401)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill:
1. Make technical changes.