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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

In one sentenceArticle 3284 lets a court authorize an unopposed private sale it finds in the succession's best interest, fixing a minimum price tied to the property's appraised value, directs that any opposition be tried summarily, and confirms that a properly executed sale agreement becomes enforceable once the court's order matches its price and conditions.

Full Text of Art. 3284

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A. If no opposition has been filed timely and the court considers the sale to be to the best interests of the succession, the court shall render an order authorizing the sale and shall fix the minimum price to be accepted. The price may be fixed exactly as the appraised value, as a fraction of the appraised value, as more than the appraised value, or as not less than the appraised value of the property. If an agreement to sell has been executed as provided in Article 3281 and the price and conditions fixed by the court are the price and conditions set in the agreement, the order of court authorizing the sale under such agreement shall fulfill the suspensive condition of the agreement, which thereafter shall be enforceable by the parties to the agreement. B. Nothing contained in this Article shall affect the general duties of a succession representative. C. An opposition shall be tried as a summary proceeding. D. This Article is remedial and shall be retroactive to January 1, 1961. All sales of succession property on and after January 1, 1961, made in compliance with the provisions of this Article are hereby validated.

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.

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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