Short answer. No. A legacy of a credit is effective only for the part of the credit that still exists when the testator dies, and Article 935 assumes a living legatee at that moment. If the legatee dies first, the legacy does not vest, and the legatee's own heirs do not step into a right that never came into being.
What the law says
The legacy of a credit against a third person or of the remission or release of a debt of the legatee shall be effective only as regards that part of the credit or debt existing at the time of the death of the testator.
Civil Code, Article 935 — Legacy of a Credit or a Remission of Debt. Read the full provision →
What Article 935 actually governs
Article 935 of the Civil Code addresses two specific legacies: a legacy of a credit (where the testator is owed money by a third person and leaves that claim to a legatee) and a legacy of remission (where the testator forgives a debt owed by the legatee). In both cases, the article ties effectiveness to what exists at the time of the testator's death. The estate satisfies a credit legacy by assigning to the legatee all rights of action it may have against the debtor, along with any accrued interest.
When the legatee predeceases the testator
Article 935 is silent on the question of a legatee who dies before the testator, because that situation is governed by other provisions on lapse of legacies. When a legatee dies before the testator, the legacy generally lapses — meaning it does not automatically pass to the legatee's own heirs. The credit never vests in the deceased legatee because, at the moment of the testator's death (when the legacy would have become effective), the named legatee no longer exists as a legal person capable of receiving it.
What the estate assigns and when
If the legatee is alive at the testator's death and a credit legacy is in effect, the estate must comply by assigning to the legatee all rights of action it may have against the debtor. This includes accrued interest due at the time of the testator's death. The legatee receives the right to sue the debtor directly — the estate does not first collect and then pay over proceeds. The legacy is of the claim itself, not of cash.
Practical guidance for heirs of a deceased legatee
If you are the heir of someone who was named as a legatee of a credit but died before the testator, you should not assume the right to collect automatically passes to you. Whether the lapsed legacy falls back into the estate, passes under a substitution clause in the will, or is dealt with by some other mechanism depends on the specific provisions of the will and applicable succession rules. This is a question worth raising with a lawyer, particularly if the credit is substantial or still being actively collected.