Before authorizing a sale of a minor's immovable property, the court may require the tutor to furnish additional security in an amount fixed by the court.
Art. 4304.Additional Bond Prior to Sale of Immovables
Book VII. Special Proceedings · Title VI. Tutorship · Chapter 9. Alienation of Minor's Property · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 4304 lets a court require a tutor to post additional security, in an amount the court sets, before authorizing the sale of a minor's immovable property, layering extra protection on top of the tutor's existing bond specifically because real estate sales involve larger sums and higher stakes.
Full Text of Art. 4304
Plain-English Summary
A tutor already carries security set at the start of the tutorship under Chapter 4, sized to the value of the property under management generally. Article 4304 recognizes that a pending sale of immovable property -- land, a house, any real estate belonging to the minor -- can concentrate a large sum of cash in the tutor's hands at a single moment, a risk the original bond may not have been calibrated to cover.
The article gives the court discretion, not a mandate: before authorizing the sale, the court may require the tutor to furnish additional security in an amount the court fixes. A court weighing a modest sale of a small parcel might see no need for anything beyond the existing bond, while a court overseeing the sale of a valuable tract might insist on a substantial increase.
This is a targeted, transaction-specific safeguard rather than a permanent increase in the tutor's standing bond. It attaches to the sale of immovable property in particular, reflecting that real estate transactions typically involve larger sums than the sale of a minor's movable property under Article 4302.
Frequently Asked Questions
Does a tutor need extra security to sell a minor's real estate in Louisiana?
The court may require it. Article 4304 gives the court discretion to demand additional security, in an amount it sets, before authorizing the sale of a minor's immovable property.
Is the additional bond under Article 4304 the same as the tutor's original bond?
No. It is an additional layer of security tied specifically to the pending sale of immovable property, on top of whatever security the tutor already furnished at the start of the tutorship.
Why does Louisiana single out immovable property for this extra bond requirement?
Because selling real estate typically concentrates a larger sum of cash in the tutor's hands than an ordinary transaction, so the court can size a bond specifically to that risk.
Is the court required to demand additional security before every immovable sale?
No. Article 4304 makes the additional bond discretionary, allowing the court to decide whether the circumstances of a particular sale call for it.
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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