Art. 3282.Publication
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 6. Alienation of Succession Property · Last amended 1976 · Last verified July 30, 2026
Full Text of Art. 3282
Amendment History
Amended by Acts 1972, No. 626, §1; Acts 1976, No. 364, §1.
Plain-English Summary
Once a succession representative files a petition to sell property at private sale, Article 3282 tells the public how it will find out about it. Publication substitutes for the safeguard a public sale gets from open, competitive bidding: since only one negotiated buyer stands behind a private sale, the law makes sure anyone with a stake in the succession has a chance to learn about it and object before the sale becomes final.
The publication schedule differs by property type. Movable property -- the civil-law term covering most personal property other than land and buildings -- needs only one publication. Immovable property, land and things attached to it, needs two, reflecting the higher value and stakes typically involved. No court order is required to publish; the representative proceeds directly once the petition is on file.
Venue for publication tracks where the property and the proceeding sit. The notice runs in the parish where the succession is pending, and also in the parish where immovable property located elsewhere sits. If movable property sits in another parish, the representative may publish there too without needing a court order, though the court retains the power to direct that publication itself.
The notice has to spell out the opposition window: anyone objecting to the sale must file that opposition within seven days of the last publication. That short window keeps the private-sale process moving while still giving heirs, legatees, and creditors a real chance to weigh in.
Frequently Asked Questions
How many times does notice of a private sale have to be published?
Once for movable property and twice for immovable property. Article 3282 sets these minimums for publishing notice of the application for authority to sell.
Does a court order need to be obtained before publishing the notice?
No. Article 3282 does not require a court order for publication of the notice itself.
Where must the notice be published?
In the parish where the succession proceeding is pending, and also in the parish where immovable property located elsewhere sits. Notice for out-of-parish movable property may be published there too, without a court order.
How long do I have to oppose a proposed private sale?
Seven days from the date of the last publication of the notice, as stated in the published notice itself under Article 3282.