Short answer
Under Louisiana law, whether a co‑heir must reimburse an appraisal before an estate buyout depends on who ordered and paid for the appraisal, the purpose of the appraisal, and any agreement (oral or written) between the heirs. If the appraisal was obtained for the administration of the succession, its cost is generally treated as an estate/administration expense and may be paid from estate funds or apportioned by the court. If one heir ordered an appraisal solely for a personal buyout negotiation and there is no agreement requiring reimbursement, that heir usually cannot force others to pay unless the parties agree or a judge orders cost allocation in a partition or succession proceeding.
Detailed answer — how this works in Louisiana
Louisiana uses civil‑law concepts (succession, co‑ownership, partition by licitation) that affect how appraisal costs are treated.
Who paid for the appraisal matters
- If the appraisal was ordered by the succession (for example, by the succession representative or by agreement of the heirs to determine estate inventory or value for partition), the appraisal cost is typically treated as an administration expense of the succession and should be paid from estate assets or allocated by the court handling the succession. See the Louisiana Legislature site for the Civil Code and succession rules: https://legis.la.gov/Legis/LawSearch.aspx.
- If one co‑heir independently hired and paid for an appraisal to value the property for their own buyout offer, that co‑heir generally bears the cost unless the co‑heirs later agree to split or reimburse the cost.
What was the appraisal for — administration vs. private negotiation
Appraisals that serve the estate (inventory, partition, sale by succession representative, or a court proceeding) are treated differently from appraisals done only to inform one heir about value for negotiation. Courts decide cost allocation in contested proceedings; in voluntary buyout agreements, the written terms control.
If you want reimbursement before closing the buyout
- Ask for a written agreement: propose an explicit provision that reimburses appraisal costs or allows the buyer to deduct the appraisal fee from the buyout price. A simple signed agreement avoids future disputes.
- Demand in writing: send a written demand for reimbursement with copies of the invoice and what the appraisal covered. Keep a record of communications.
- Offer offset: many buyers prefer to deduct the appraisal cost from the purchase price rather than force contemporaneous cash payment.
- If the heir refuses, consider filing a partition or succession motion in the appropriate court and asking the judge to allocate costs (common when heirs cannot agree). Louisiana courts have authority to apportion partition and administration costs among parties.
What a court will consider
A Louisiana court allocating appraisal or partition costs will consider whether the appraisal benefited the estate or was used only by one party, whether it was necessary for administration or sale, and any agreements among the heirs. If the court finds the appraisal was a reasonable expense of administering the succession or effecting a partition, it may order the estate or the other heirs to bear a share of the cost.
Practical outcomes
- If heirs agree in writing that the buyer reimburses the appraisal (or that the buyer can offset it), that agreement will usually be enforced.
- Absent agreement, a court may or may not require reimbursement depending on the circumstances and whether the appraisal was an estate administration expense.
- To avoid delay in closing, parties commonly negotiate reimbursement or offset before signing a buyout agreement.
For statutes and authoritative rules, search the Louisiana Legislature’s website for Civil Code provisions on successions and co‑ownership and for Code of Civil Procedure provisions on partition/partition by licitation: https://legis.la.gov/Legis/LawSearch.aspx. The succession administration and partition rules are set out in the Civil Code and the Code of Civil Procedure; a local attorney can point to the exact articles that apply to your facts.
Helpful hints
- Get everything in writing. A signed buyout agreement that addresses appraisal cost allocation removes most disputes.
- Identify who ordered the appraisal and why. Document who paid and keep invoices.
- Ask to deduct the appraisal fee from the buyout amount if the buyer purchased the appraisal.
- If the appraisal supported estate administration (inventory, partition, or sale), treat it as an estate expense and raise that with the succession representative or court.
- Consider mediation. A neutral mediator can often resolve reimbursement disputes faster and cheaper than litigation.
- Preserve evidence. Keep appraisal reports, receipts, emails, and proof of who received the appraisal report.
- Consult a Louisiana succession or property attorney if heirs disagree. An attorney will explain how the specific Civil Code and Code of Civil Procedure articles apply and can file a petition for partition or a motion for cost allocation if needed.
Next steps
If you want to require reimbursement before closing, start with a written demand and a proposed amendment to the buyout agreement allowing for reimbursement or offset. If that fails, talk with a Louisiana attorney about filing for partition or seeking an order from the court allocating costs.
Disclaimer: This article explains general principles of Louisiana succession and partition law and is for educational purposes only. It does not constitute legal advice. For advice about your specific situation, consult a licensed Louisiana attorney.