Art. 3284.Order; Hearing
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 6. Alienation of Succession Property · Last amended 1980 · Last verified July 30, 2026
Full Text of Art. 3284
Amendment History
Amended by Acts 1968, No. 203, §§1, 2; Acts 1980, No. 369, §1.
Plain-English Summary
Article 3284 is where a private sale gets court approval. If no one has filed a timely opposition and the court views the sale as serving the succession's best interests, the court issues an order authorizing it and fixes the minimum price the representative must accept. That price does not have to match the appraised value exactly -- the court can set it at the appraisal, as a fraction of it, above it, or at no less than that figure, giving the court room to fit the price to the circumstances of the particular sale.
The article also closes the loop opened in Article 3281. When the representative has already signed an agreement to sell subject to the suspensive condition of court approval, and the price and conditions the court fixes match what the agreement already provided, the court's order satisfies that condition. The agreement, once merely conditional, becomes enforceable between the parties who signed it.
Paragraph B makes clear that none of this narrows the representative's ordinary duties in administering the succession; the sale-approval process is an additional layer of oversight, not a substitute for the representative's general responsibilities. And if someone does file an opposition, Paragraph C sends it down a fast track: the court tries it as a summary proceeding rather than a full ordinary lawsuit, resolving the dispute quickly so the sale, or the decision not to allow it, is not left hanging.
Paragraph D is a piece of historical housekeeping. It made the article's requirements retroactive to January 1, 1961, and validated sales completed since that date that already complied with the article's terms, cleaning up any doubt about sales that predated later amendments.
Frequently Asked Questions
How does a Louisiana court set the minimum price for a private sale?
The court can fix it at the appraised value, as a fraction of that value, above it, or at not less than it. Article 3284 gives the court that flexibility when authorizing an unopposed sale it finds in the succession's best interest.
Does a court order finalize a sale agreement signed under Article 3281?
Yes, if the price and conditions the court fixes match those in the agreement. Article 3284 treats the order as satisfying the agreement's suspensive condition, making the agreement enforceable.
How is an opposition to a private sale resolved?
As a summary proceeding, a faster and less formal track than an ordinary lawsuit, under Paragraph C of Article 3284.
Does court approval of a sale change the succession representative's other duties?
No. Paragraph B of Article 3284 makes clear that the sale-approval process does not affect the representative's general duties in administering the succession.