Art. 3262.No Priority As Between Movables and Immovables
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 6. Alienation of Succession Property · Amendment history unavailable · Last verified July 30, 2026
Full Text of Art. 3262
Plain-English Summary
Some approaches to estate administration expect a representative to sell personal property before touching real estate, or to exhaust one category of assets before turning to another. Article 3262 rejects that kind of fixed sequence for Louisiana successions.
The rule is short but does real work: there is no priority in the order of sale as between movable and immovable property. A succession representative deciding what to sell first, whether furniture, vehicles, and other movables, or land and buildings, is not locked into selling one category before the other.
That flexibility lets the representative weigh practical considerations instead, such as which property is easiest to sell quickly, which is losing value by sitting unsold, which the heirs most want kept, or which sale will raise the cash a pending debt or legacy needs soonest. Article 3261 sets the reasons a sale can happen; Article 3262 confirms that the order in which different kinds of property are sold is not one of the legal constraints the representative has to navigate.
Frequently Asked Questions
Must a Louisiana succession representative sell personal property before real estate?
No. Article 3262 gives no priority to movable property over immovable property, or the reverse, in the order of sale.
Why would the order of sale matter to a succession representative?
Different assets may lose value at different rates, appeal to different buyers, or matter more to the heirs, so the representative benefits from being able to choose which to sell first based on the succession's needs.
What factors guide which property a representative sells first?
Article 3262 leaves that judgment to the representative, who can weigh practicalities like market conditions, urgency of debts, and the heirs' interests rather than following a fixed legal sequence.