Art. 3283.Who May File Opposition
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. 3283
Plain-English Summary
Article 3283 is a short but pointed rule: standing to oppose a private sale belongs only to an heir, a legatee, or a creditor. Anyone else with an opinion about the sale -- a curious neighbor, a prospective buyer who lost out, or a distant relative with no legal interest in the succession -- has no right under this article to file an opposition.
The limitation makes sense against the backdrop of Article 3282's publication requirement. Publication exists to alert the people whose stake in the estate the sale could affect: those who stand to inherit, those named in the testament, and those the succession owes money to. Those are the same three categories this article recognizes.
Among Louisiana's forced heirs -- descendants entitled by law to a minimum share of a parent's estate regardless of the testament's terms -- this rule matters directly, since a forced heir is, by definition, an heir with standing to challenge a proposed sale that might undervalue the property being sold or otherwise work against the estate's interests.
Frequently Asked Questions
Who can object to a proposed private sale of succession property?
Only an heir, a legatee, or a creditor of the succession. Article 3283 restricts standing to oppose the sale to those three categories.
Can a potential buyer who was passed over object to the sale?
No. Article 3283 does not give a disappointed prospective buyer, or anyone outside the categories of heir, legatee, or creditor, the right to file an opposition.
Can a forced heir oppose a private sale under this article?
Yes. A forced heir is an heir, so a forced heir has standing under Article 3283 to oppose a proposed sale that might undervalue estate property or otherwise harm the succession.
Does a succession creditor have the right to oppose a private sale?
Yes. Article 3283 lists creditors of the succession among those who may file an opposition, alongside heirs and legatees.