Upon the petition of the succession representative as provided in Articles 3263 and 3271, the court may order the immediate sale of perishable property and growing crops either at public auction or private sale, without appraisal, and without advertisement, or with such advertisement as the court may direct.
Art. 3264.Perishable Property; Crops
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 6. Alienation of Succession Property · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3264 lets the court order an immediate sale of perishable succession property or growing crops, at public auction or private sale, without appraisal and without the advertisement otherwise required, or with whatever advertisement the court directs.
Full Text of Art. 3264
Plain-English Summary
Perishable property and growing crops do not wait well. Produce spoils, livestock needs care, and crops have a harvest window, so making a creditor or heir sit through the full notice-and-publication process that governs an ordinary succession sale could destroy the value the sale is meant to capture.
Article 3264 answers that problem with speed. On the succession representative's petition, filed as provided in Articles 3263 and 3271, the court can order perishable property or growing crops sold immediately. The court can choose either a public auction or a private sale, whichever suits the property and the timeline, and can dispense with appraisal entirely rather than requiring the usual valuation step.
Advertisement is similarly flexible rather than fixed. The court can waive it altogether, given how little time the situation may allow, or direct whatever advertisement it thinks appropriate under the circumstances. That discretion lets the court balance the ordinary goal of a well-publicized sale against the reality that perishable property has no time to spare.
Frequently Asked Questions
Why does Louisiana treat perishable property and crops differently in succession sales?
Because they lose value quickly. Article 3264 allows an immediate sale so the succession does not lose the property's worth while waiting through the ordinary notice and publication process.
Does a succession representative need an appraisal before selling perishable property?
No. Article 3264 lets the court order the sale without appraisal, given the urgency involved.
Can the court skip advertisement entirely for a sale of perishable property?
Yes. Article 3264 allows the sale to proceed without advertisement, or with whatever advertisement the court directs, rather than the publication otherwise required.
Can perishable succession property be sold at a private sale instead of an auction?
Yes. Article 3264 allows either a public auction or a private sale for perishable property and growing crops.
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
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