When it appears to the best interest of the minor, and after compliance with Article 4271, the court may authorize a tutor to grant a lease upon property of the minor. The term of the lease may extend beyond the anticipated duration of the tutorship. In addition to the requirements of Article 4271, the petition of the tutor shall set forth the terms and conditions of the proposed lease. This article applies to mineral leases. A tutor may execute such other contracts as are authorized by law affecting the whole or any part of the share of his ward in oil, gas, or other minerals, either discovered or undiscovered in the manner provided herein.
Art. 4268.Lease of Minor's Property; Mineral Contracts
Book VII. Special Proceedings · Title VI. Tutorship · Chapter 8. General Functions, Powers, and Duties of Tutor · Last amended 1974 · Last verified July 30, 2026
In one sentenceArticle 4268 lets the court, after compliance with Article 4271, authorize a tutor to lease the minor's property, including under a mineral lease or other mineral contract, on a term that may run past the tutorship's anticipated end, provided the tutor's petition sets out the lease's terms and conditions.
Full Text of Art. 4268
Amendment History
Amended by Acts 1974, No. 133, §1.
Plain-English Summary
Leasing the minor's property requires court authorization through the standard Article 4271 procedure. Article 4268 adds a requirement on top of that: the tutor's petition itself must set forth the proposed lease's terms and conditions, not just a general request for leasing authority, so the court and the undertutor can evaluate the specific deal being proposed.
Unlike some tutor actions tied to the length of the tutorship itself, a lease's term is not capped at the minor's majority. The term of the lease may extend beyond the anticipated duration of the tutorship, reflecting the practical reality that some leases, mineral leases in particular, need a longer term to attract a tenant or operator willing to commit to the arrangement.
The article reaches mineral leases expressly, and it also lets a tutor execute other authorized contracts affecting the minor's share of oil, gas, or other minerals, whether already discovered or not. Mineral interests in Louisiana are often held in fractional shares alongside other owners, so a minor's interest frequently needs to participate in a lease or similar arrangement alongside adult co-owners rather than sit outside it.
Frequently Asked Questions
Can a tutor lease out property belonging to the minor?
Yes, with court authorization under Article 4271, and the petition must set out the proposed lease's terms and conditions.
Does the lease have to end when the minor turns eighteen?
No. Article 4268 allows the lease term to extend beyond the tutorship's anticipated duration.
Does this article cover mineral leases on the minor's property?
Yes. Article 4268 applies to mineral leases and other authorized contracts affecting the minor's share of oil, gas, or other minerals.
What has to be in the tutor's petition to lease the minor's property?
The terms and conditions of the proposed lease, in addition to what Article 4271 otherwise requires for court approval.
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
Also known as: leasing minor's property LouisianaArticle 4268 Louisianamineral lease on minor's property tutorshiptutor's authority to lease propertymineral contracts on behalf of a minor