A succession representative who desires to list succession property for sale shall file a petition to which shall be annexed the proposed listing agreement, which shall contain a provision that any offer to purchase submitted under such agreement to the succession representative shall be subject to the suspensive condition that the court approve the proposed sale. The court shall render an order, ex parte, authorizing the execution of the listing agreement by the succession representative when it considers such agreement to be in the best interests of the succession.
Art. 3286.Court May Authorize Listing
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 6. Alienation of Succession Property · Enacted 1980 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 3286 lets a succession representative petition to list succession property for sale under a listing agreement that conditions any resulting offer on later court approval, and lets the court authorize that listing agreement by an ex parte order when it finds the arrangement serves the succession's best interests.
Full Text of Art. 3286
Amendment History
Added by Acts 1980, No. 369, §2.
Plain-English Summary
Selling real estate or other property often works better with an agent marketing it than through a single negotiated deal struck cold. Article 3286 lets a succession representative use that route: petition the court for authority to list succession property for sale, attaching the proposed listing agreement to the petition.
The listing agreement itself has to build in the same safeguard that runs through this whole chapter. It must state that any offer to purchase submitted under the listing is subject to the suspensive condition that the court still approve the eventual sale. Listing the property with an agent does not bypass court oversight of the sale itself; it only authorizes the marketing step that leads to an offer.
Because the listing agreement, not a sale, is what the court is approving at this stage, Article 3286 lets the court move quickly: it can render the order authorizing the listing agreement ex parte -- without a hearing on notice to opposing parties -- once it finds the arrangement serves the succession's best interests. The publication and opposition process in Articles 3282 through 3284 comes into play later, when an actual sale is presented for approval.
Frequently Asked Questions
Can a succession representative hire a real estate agent to sell estate property?
Yes, with court authority. Article 3286 lets the representative petition to list succession property for sale, attaching the proposed listing agreement for the court's approval.
Does listing succession property for sale bypass the need for court approval of the sale?
No. The listing agreement itself must condition any resulting purchase offer on the suspensive condition that the court later approve the actual sale.
Is a hearing required to authorize a listing agreement under Article 3286?
No. The court can authorize the listing agreement by an ex parte order, without a hearing on notice, once it finds the arrangement serves the succession's best interests.
What happens once an offer comes in under the listing agreement?
The offer remains conditional until the court approves the sale itself, following the ordinary private-sale procedure such as the publication and opposition rules in Articles 3282 through 3284.
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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