Disclaimer: This article is for educational purposes only and is not legal advice.
Detailed Answer
Under Louisiana law, a minor lacks the legal capacity to consent to the sale or transfer of real property. To protect the minor’s interest, the court requires appointment of a tutor (curator) and judicial authorization before any sale or transfer can proceed. Below are the common paths to accomplish a sale or transfer when an heir is under 18.
1. Appointment of a Tutor (Curator)
Louisiana Civil Code art. 412 mandates that a minor be represented by a tutor (sometimes called a curator) in legal actions concerning their property. A responsible adult (often a family member) petitions the district court for appointment. The court reviews the petition, may require a bond, and issues letters of tutorship. Once appointed, the tutor acts in the minor’s best interest.
2. Judicial Authorization to Sell or Transfer
After tutor appointment, the tutor must seek court permission to sell or transfer the minor’s share. The tutor files a petition in the succession or district court describing the property, estimated value, and sale terms. The court will:
- Order an independent appraisal to confirm fair market value.
- Set a hearing, notify all interested parties, including the minor.
- Approve or deny the sale based on whether it benefits the minor.
Upon approval, the court signs an order authorizing the sale. The tutor may then execute the sale documents and transfer title. (See La. Civ. Code art. 412: https://www.legis.la.gov/Legis/LawSearch.aspx?d=112423)
3. Succession Sale by Executor or Administrator
If the property is part of an open succession, the executor or administrator can petition for authority to sell the entire estate or specific assets. For a minor heir, the executor must ensure a tutor is appointed and court authorization is obtained for the minor’s portion. The proceeds are then held in an interest-bearing account or invested per the court’s order until the minor reaches majority or is otherwise emancipated.
4. Judicial Partition and Sale
If multiple heirs own undivided interests and one heir is a minor, any co-owner may file for partition under Louisiana Civil Code art. 843. The court may:
- Order partition in kind (physical division), if feasible.
- If in-kind division is impractical, order a sale of the entire property at public auction or private sale, after notice and appraisal.
The minor’s tutor represents the minor’s interest throughout. Net proceeds are distributed and held under court supervision until the minor’s guardian can access them. (See La. Civ. Code art. 843: https://www.legis.la.gov/Legis/LawSearch.aspx?d=97648)
5. Small Succession Procedure
When the total estate value (including real and personal property) does not exceed the statutory threshold (currently $125,000), heirs may use the simplified small succession process per La. R.S. 9:2061–2064. All heirs, including the minor’s tutor, sign a joint petition. The court may grant immediate partition or sale. Proceeds for the minor remain in a blocked account until court-ordered release. (La. R.S. 9:2061)
Helpful Hints
- Begin by confirming the minor’s legal heirship and property interest.
- Consult a lawyer experienced in Louisiana successions and tutorships.
- Obtain at least one independent appraisal to satisfy the court’s fair-market requirement.
- Prepare for court timelines—approval can take several months.
- Ensure all notices and filings comply with procedural deadlines.
- Understand that sale proceeds for a minor typically stay in trust or a blocked account.
- Keep detailed records of all expenses and distributions for court review.