In addition to the requirements of Article 4271, a petition for authority to sell property of a minor at private sale shall set forth a description of the property, the price and conditions of the proposed sale, and the reasons which make it advantageous to the minor to sell at private sale.
Art. 4341.Petition
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 4341 requires a petition for private-sale authority to describe the property, state the price and conditions of the proposed sale, and explain why a private sale benefits the minor, in addition to Article 4271's general requirements for court approval.
Full Text of Art. 4341
Plain-English Summary
Section 3 of Chapter 9 offers an alternative to the competitive-bidding process in Section 2: a private sale, negotiated directly with a specific buyer rather than opened to public bidding. Louisiana's succession-property rules follow the same basic pattern, letting a representative choose between a public auction and a negotiated private transaction depending on which method better serves the property owner's interest.
Because a private sale skips the built-in competition of an auction, the petition seeking authority for one has to give the court more concrete detail up front. In addition to Article 4271's general requirements, a petition for private-sale authority must describe the property, state the price and conditions of the proposed sale, and explain the reasons that make a private sale advantageous to the minor. Where a public-sale petition under Article 4321 only needs to justify the method and let the market set the final price at auction, a private-sale petition has to put the actual deal -- price included -- in front of the court before anything is signed.
That heavier front-loading makes sense given what is missing from a private sale: there is no competing bidder testing whether the price is fair. The court's scrutiny of the specific terms in the petition substitutes for the market-testing an auction would otherwise provide.
Frequently Asked Questions
What has to be in a petition for private sale of a minor's property?
Beyond Article 4271's general requirements, the petition must describe the property, state the price and conditions of the proposed sale, and explain why a private sale is advantageous to the minor.
How is a private sale different from a public sale under Louisiana tutorship law?
A private sale is a negotiated transaction with a specific buyer, price, and terms spelled out in the petition itself, while a public sale under Articles 4321 through 4323 is a competitive auction open to any bidder, subject to a court-set minimum price.
Why does a private-sale petition need to state the exact price in advance?
Because a private sale has no competing bidders to test whether the price is fair, so the court reviews the specific negotiated price and terms directly, rather than relying on an auction to set the value.
Can a tutor choose either a public or private sale for a minor's property?
Yes, subject to the court's authorization. Chapter 9 gives the tutor both routes, and the choice typically turns on which method the tutor can show is more advantageous for the particular property.
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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