A succession representative desiring to sell succession property at public auction shall file a petition setting forth a description of the property and the reasons for the sale. The court shall render an order authorizing the sale at public auction after publication, when it considers the sale to be to the best interests of the succession.
Art. 3271.Petition; Order
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 3271 requires a succession representative seeking to sell property at public auction to file a petition describing the property and the reasons for the sale, with the court authorizing the sale after publication when it finds the sale to be in the succession's best interest.
Full Text of Art. 3271
Plain-English Summary
A public sale is a sale conducted through open, competitive bidding at auction, following published notice that invites any interested buyer to appear and bid. It stands apart from a private sale, a negotiated sale to one identified buyer that a different section of this chapter governs. Section 2 of Chapter 6 sets out how a public sale proceeds, starting with Article 3271.
The process begins with a petition. A succession representative who wants to sell property at public auction has to describe the property and explain the reasons for selling it, giving the court the information needed to evaluate whether the sale makes sense for the succession.
The court's role is not to rubber-stamp the request. Article 3271 conditions the order authorizing a public-auction sale on the court finding the sale to be in the best interests of the succession, and that authorized sale then proceeds after the notice of sale is published under Article 3272. The petition-and-order sequence here works alongside Article 3263's terms-of-sale rule and Article 3273's price safeguards to structure the public-sale process from start to finish.
Frequently Asked Questions
What must a petition for public sale of Louisiana succession property include?
A description of the property and the reasons for the sale, as Article 3271 requires before the court will consider authorizing a public auction.
What must the court find before authorizing a public sale of succession property?
That the sale is in the best interests of the succession. Article 3271 makes that finding a condition of the court's order authorizing the sale.
How does a public sale of succession property differ from a private sale?
A public sale is conducted through published notice and competitive bidding at auction, open to any interested buyer, while a private sale is a negotiated transaction with one identified buyer under a different section of this chapter.
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: petition for public sale succession propertyArticle 3271 Louisianapublic auction succession property Louisianabest interest of succession salepetition order sell estate property auction