Detailed answer — what you must know under Louisiana law

In Louisiana, selling property that belonged to a deceased person usually requires opening the succession (the probate process) and obtaining authority from the court before you can transfer title of immovable property (real estate). The clerk’s office can provide forms and filing locations but cannot give legal advice about what to file or how to proceed. When the clerk’s office declines to explain filing requirements, follow the procedural path below to get the court’s permission to sell.

Key legal background

Succession (probate) law and procedure in Louisiana govern how a decedent’s assets are inventoried, managed, and distributed. Court supervision protects heirs, creditors, and purchasers. For statutes on succession and court process, see the Louisiana Legislature’s pages on succession and related civil procedure: https://www.legis.la.gov/Legis/LawSearchResults.aspx?search=succession and https://www.legis.la.gov/Legis/LawSearchResults.aspx?search=sale%20immovable.

Typical step-by-step path to get court permission to sell immovable property

1. Open the succession (if not already opened).

   File a petition to open succession (often called a Petition for Probate or Petition to Open Succession) in the district court of the parish where the decedent lived or where the property is located. The petition asks the court to appoint a personal representative (executor/administrator) and to place the estate under the court’s jurisdiction.

2. Get appointed as the personal representative.

   The court issues an order and letters testamentary or letters of administration (or similar credentials). That appointment gives you the legal authority to act for the estate subject to court supervision.

3. Complete required inventory/appraisal steps.

   Louisiana procedure normally requires an inventory or appraisal for certain estate assets. The court will want evidence of the property’s value, which can be one or more appraisals (official appraisal, joint appraisal by heirs, or expert appraisal depending on the circumstances).

4. File a motion or rule seeking authority to sell the property.

   You must file a written request (often called a Motion or Rule to Sell Immovable Property) asking the court to authorize a sale. The filing must state the proposed terms: private sale vs. public sale (auction/licitation), price, whether a broker will be used, and how proceeds will be handled.

5. Provide notice to heirs and creditors.

   The court will require notice to interested parties and may set a date for a hearing. Exact notice requirements depend on the estate’s status and whether heirs consent. If all heirs agree in writing, the judge may approve a sale more quickly; if not, the court will hold a hearing.

6. Obtain a court order authorizing the sale.

   If the judge approves, the court issues an order that authorizes the representative to sell the property under the specified terms. That order is what a title company or notary will require to close a sale and to record a transfer.

7. Close the sale and record the conveyance.

   Use the court order and the representative’s credentials to execute the sale. The buyer’s title company or a notary will typically require certified copies of the court order and letters of administration/testamentary to record the deed.

If the clerk’s office won’t explain what to file

The clerk cannot give legal advice but should provide the correct court forms and filing procedures. If you don’t get help from the clerk, take these practical steps:

• Ask the clerk for copies of the standard probate forms and local filing rules or a list of required documents. Clerks usually provide form packets and fee schedules.
• Search the parish district court’s website for succession guidance, form packets, or self-help resources. Many Louisiana parish courts publish checklists and sample pleadings online.
• Contact the Louisiana State Bar Association Lawyer Referral service at https://www.lsba.org/ (they can connect you to an attorney for a short consultation or representation).
• Look for court self-help centers or legal aid offices in your region — they can explain the mechanics of filing and may assist with completing forms.
• If you are comfortable, retain an attorney experienced in Louisiana successions to prepare and file the petition, the motion to sell, and to represent you at the hearing. This is the most reliable way to ensure compliance with local practice and statute.

What documents you will typically need to file

• Certified copy of the decedent’s death certificate
• Petition to open succession (names of heirs, description of property to be sold)
• Affidavits or documents showing heirs’ identities and addresses
• Letters testamentary or administration (once appointed)
• Appraisal(s) or supporting valuation documents for the immovable property
• Proposed purchase agreement or terms of sale (for a private sale)
• Proposed order authorizing sale (drafting this for the judge can speed approval)

Timing and costs

Opening a succession and seeking court authorization typically takes weeks to months depending on complexity, whether heirs agree, and local court backlog. Expect court filing fees, publication or service costs for notice, appraisal fees, and attorney fees if you hire counsel. If heirs consent and documentation is complete, the process is faster.

Common pitfalls to avoid

• Trying to sell or convey immovable property without court authorization — buyers and title insurers will often refuse to close without a court order and letters of administration.
• Failing to give proper notice to heirs or creditors — that can lead to the sale being overturned later.
• Using informal “agreements” among heirs without court approval when the statute or local rules require court supervision.

When you might not need the court’s permission

There are limited situations where a transfer can occur outside a full judicial succession: for very small estates, or when a decedent held property in a form that transfers automatically (for example, joint ownership with survivorship or property held in a trust). Whether an exception applies depends on facts and Louisiana law; consult an attorney or legal aid to confirm. See Louisiana succession statutes for guidance: https://www.legis.la.gov/Legis/LawSearchResults.aspx?search=succession.

Helpful Hints

• Start by getting multiple copies of the death certificate — courts and title companies will require them.
• Collect contact information for all heirs before you file; courts require notice to interested parties.
• If possible, get written consent from all heirs to the sale — unanimous written consent speeds court approval and can avoid contested hearings.
• Obtain at least one credible appraisal before filing the motion to sell; courts expect a reasonable valuation and may require appraisals for immovable property.
• Draft a proposed order authorizing the sale and include clear sale terms — judges and clerks appreciate ready-to-sign drafts and that can shorten the process.
• When in doubt, hire a Louisiana succession attorney even for a limited consultation — a short legal review can prevent costly mistakes later.
• Use the parish court’s website and the Louisiana Legislature site for statute references and local filing rules: https://www.legis.la.gov/Legis/LawSearchResults.aspx?search=succession.

Disclaimer: This article explains general information about Louisiana succession procedure and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your facts, consult a licensed Louisiana attorney.