When it appears to the best interest of the succession, the court may authorize a succession representative to grant a lease upon succession property after compliance with Article 3229. No lease may be granted for more than one year, except with the consent of the heirs and interested legatees. The court may also authorize the granting of mineral leases on succession property after compliance with Article 3229. The leases may be for a period greater than one year as may appear reasonable to the court. A copy of the proposed lease contract shall be attached to the application for the granting of a mineral lease, and the court may require alterations as it deems proper. The order of the court shall state the minimum bonus, if any, to be received by the executor or administrator of the estate under the lease and the minimum royalty to be reserved to the estate, which in no event shall be less than one-eighth royalty on the oil and such other terms as the court may embody in its order.
Art. 3226.Lease of Succession Property
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 4. General Functions, Powers, and Duties of Succession Representative · Last amended 1974 · Last verified July 30, 2026
In one sentenceArticle 3226 lets the court authorize a succession representative to lease succession property after Article 3229's notice procedure, capping ordinary leases at one year absent the heirs' and legatees' consent, while allowing longer mineral leases on terms the court sets, including a minimum royalty of at least one-eighth on oil.
Full Text of Art. 3226
Amendment History
Amended by Acts 1974, No. 131, §1.
Plain-English Summary
Leasing succession property can generate income for the succession while administration remains pending, and Article 3226 gives the representative a path to do that, subject to the same court oversight that governs the chapter's other major transactions.
For an ordinary lease, the court may authorize the representative to grant it once the Article 3229 notice procedure has run, but the lease's term is capped at one year unless the heirs and interested legatees consent to something longer. That cap keeps a representative from tying up succession property on a long lease that could outlast the administration itself, unless the people with a stake in the property agree to it.
Mineral leases get separate, more detailed treatment because of the specialized interests involved. The court may authorize a mineral lease after the same Article 3229 procedure, and such a lease can run longer than a year where the court finds that reasonable. The representative has to attach a copy of the proposed lease to the application, and the court can require changes to it. The court's order has to state the minimum bonus, if any, the estate will receive, and the minimum royalty reserved to the estate, never less than one-eighth on oil, along with any other terms the court builds into the order.
Frequently Asked Questions
How long can a succession representative lease succession property without heir consent?
One year. A longer term requires the consent of the heirs and interested legatees.
Can succession property be leased for mineral development?
Yes. Mineral leases can run longer than a year on terms the court sets, after the Article 3229 notice procedure.
Is there a minimum royalty required on an oil lease of succession property?
Yes. The court's order must reserve a royalty to the estate that is never less than one-eighth on oil.
Does the court review the proposed lease terms before approving a mineral lease?
Yes. A copy of the proposed lease has to accompany the application, and the court can require alterations to it.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as: lease of succession property LouisianaArticle 3226 Louisianamineral lease succession property Louisianaone year lease limit succession heirs consentminimum royalty succession mineral lease