How to Get Court Approval to Sell a Home Inherited by Co-Owners (including Minors) in Louisiana

Short answer: In Louisiana you generally must open the decedent’s succession, identify and represent minor heirs through a tutor (guardian), and obtain a court order authorizing the sale (or pursue a partition action if co-owners disagree). The court will review whether the sale is in the minors’ best interest, may require appraisals and notices, and will often require that minor’s proceeds be protected by court order. This article explains the usual steps, documents, timelines, and practical tips.

Detailed Answer — Step by step under Louisiana law

This is a general guide, not legal advice. Specific facts can change which procedure applies; consult a Louisiana attorney before taking action.

1. 1. Determine whether a succession must be opened

   When someone dies owning real estate in Louisiana, a succession (probate) usually must be opened in the parish where the decedent was domiciled at death. The succession is the legal process to transfer title from the decedent to heirs or legatees. If the decedent left a will, the will is probated; if not, intestacy rules determine heirs.

   Where to look: Louisiana statutes and civil code discuss succession procedures—start at the Louisiana Legislature site: https://www.legis.la.gov/

2. 2. Identify all heirs and co-owners, and determine minor heirs

   List every heir who inherits an interest in the house. If any heir is a minor (under 18), Louisiana law requires a tutor (guardian) be appointed to represent the minor’s interest in the succession and in any sale. The probate court typically appoints the tutor during the succession proceeding.

3. 3. Appoint a tutor for each minor (if not already appointed)

   Before the court will permit sale of a minor’s immovable property (or the minor’s share of the proceeds), the minor must be legally represented. The judge appoints a tutor or confirms the tutor nominated in a will. The tutor has duty to protect the minor’s interest and must get court permission for transactions that affect the minor’s immovable property.

4. 4. Decide whether the sale is by private agreement (with court approval) or by partition/licitation

   If all co-owners (including guardians for minors) agree, they can petition the court to approve a private sale of the property and division of proceeds. If co-owners disagree, an interested party can file a petition for partition by licitation (forced public sale) or partition by division (if the property can be divided). Partition actions are filed in the district court where the immovable is located.

5. 5. Prepare the court petition seeking authority to sell

   The petition should set out: the succession number (or request opening succession), identities and ages of heirs, that a tutor has been or will be appointed for minors, the proposed terms of sale (private sale price; broker if any), reasons why sale is in the minors’ best interest (if minors are involved), appraisal or other valuation information, and the requested orders (court approval to sell, instructions re: proceeds).

6. 6. Provide required notices and get appraisals

   Louisiana courts typically require adequate notice to interested parties and an appraisal or independent valuation of the property when authorizing a sale involving a minor’s interest. The judge must be able to determine the sale price is fair and the sale is necessary or advantageous to the minor.

7. 7. Court hearing and judicial review

   The court will schedule a hearing. The judge evaluates whether the sale is in the minor’s best interest, whether the price is fair, and whether the proposed use of proceeds is appropriate. For private sales, many courts will approve only if the sale is for fair market value or if the sale benefits the minor (e.g., paying debts, dividing assets that cannot be partitioned equitably).

8. 8. Court order and sale closing

   If the court approves, it issues an order authorizing the sale and setting conditions. That order is what title companies and notaries use to close. The judgment may: require advertisement or confirmation of sale, require that proceeds for minors be deposited into a blocked bank account or invested, or impose other protections (e.g., bond from tutor or trustee).

9. 9. Handling minors’ proceeds

   Courts commonly order that any portion of sale proceeds belonging to a minor be deposited into a blocked (restricted) account in a bank or invested pursuant to a trust arrangement approved by the court until the minor reaches majority or until further court order. The court may require bonds or additional safeguards to protect the minor’s funds.

10. 10. Closing title and distributing proceeds

    Once the conditions in the court order are satisfied (e.g., funds placed in blocked account), the notary or closing agent records the deed and distributes proceeds according to the court’s directions and the succession accounting. If any heir is dissatisfied, they may appeal or assert claims in the succession/partition proceeding.

When you might need alternative or additional procedures

• If co-owners cannot agree, file a partition by licitation (public sale) — the court will order sale and division of proceeds.
• If the property is encumbered by debts of the succession, the court may authorize sale to pay creditors.
• If a minor’s tutor wants to sell only the minor’s share (a fractional interest), courts scrutinize such sales closely because fractional interests are hard to market and may not provide fair value.

Key Louisiana law resources

• Louisiana Legislature site (search statutes for “succession,” “tutorship,” and “partition”): https://www.legis.la.gov/
• For practical court forms and local procedure, check the district court or clerk of court website in the parish where the immovable is located.

Common timeline and costs

Timelines vary by parish and case complexity. Typical phases: opening succession and appointing a tutor (weeks to a few months), valuation and notices (weeks), court hearing and order (weeks to months). Costs include court filing fees, notary fees, appraisal fees, attorney fees, and possible tutor bond or account fees.

Helpful Hints

• Hire a Louisiana attorney experienced in successions and guardianship/tutorship — the rules and local practice vary by parish.
• Do not try to sell or transfer title for a minor’s share without court authorization; transfers without authority can be voidable and create liability.
• Gather documents early: death certificate, deed, mortgage payoff, wills, and a list of heirs with contact information.
• Get at least one independent appraisal to show the court the sale price is fair, especially when minors are involved.
• If possible, get written consent from all adult co-owners and the tutor(s) for a private sale — unanimous agreement makes court approval smoother.
• Expect the court to require protection of minor’s funds (blocked accounts, trust, or investment instructions). Plan how funds will be managed post-closing.
• Consider whether partition by licitation (public sale) is preferable when co-owners cannot agree — it can force a market sale but may yield lower net prices.
• Ask about mediation before filing a partition — sometimes co-owners reach a better settlement outside court.
• Check local parish rules — some judges require specific affidavit forms or hearing procedures before approving sales involving minors.

Next steps

If you are facing this situation: (1) collect the decedent’s property and ownership documents, (2) identify all heirs and any minors, (3) consult a Louisiana succession attorney to open the succession and protect minors’ interests, and (4) prepare the petition and documentation needed to obtain court approval for the sale or to pursue partition if required.

Disclaimer: This article explains general Louisiana procedures and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Louisiana attorney.