PRIVATE SALE OF IMMOVABLE PROPERTY OF SUCCESSION - F2BSAL1: See La. C.C.P. Art. 3281 et seq. This package of forms contains the notice, certificate of no opposition, petition and judgment needed for the sale of immovable property of the succession at private sale. (It is assumed that the Detailed Descriptive List has already been filed.) The following statutes are of interest. La. C.C.P. Art. 3281 authorizes the executor to enter into listing agreement showing that the sale is subject to later court approval. La. R.S. 43:203 states the rules on publication (seven day delay found in La. C.C.P. Art. 3282) and see instructions on property description contents found at La. R.S. 43:211. NOTE: The above form assumes that the property being sold is improved and is located in the parish in which the succession proceeding is filed. See publication rules in La. C.C.P. Art. 3282 if the property is situated in another parish. NOTE ALSO: This form assumes that the sale will be for cash at its appraised value. If credit terms are involved, they should be set out in the petition, notice and order. The sales price does not have to be in the notice (See La. C.C.P. Art. 3284) but its inclusion is good practice. Proof of publication may also be made by affidavit of the moving party or the party's attorney accompanied by the original newspaper tear sheet showing the text of the notice and its date or dates of publication under La. C.C.P. Art. 3265. See also GENERAL NOTES FOR SUCCESSION FORMS in README FOLDER . See also README SPECIAL NOTE 2 re: requirement for Tax Identification Numbers on documents affecting immovable property. * * * * * * *
SUCCESSION OF
[_COURT_]
[_DECEDENT_]
PARISH OF [_COURT_PARISH_]
PROBATE NO. _________
STATE OF LOUISIANA
PETITION FOR AUTHORITY TO SELL IMMOVABLE PROPERTY AT PRIVATE SALE The petition of [_EXEC_ADMIN_NAME_], duly appointed and qualified [_exec_admin_] of the Succession of [_DECEDENT_], respectfully represents: 1. The Succession of [_DECEDENT_] is under administration herein. 2. One of the assets of this succession is an improved lot located at [_Property_Add_], more fully described as follows: [_Property_Descrip_] 3. This property is no longer useful to decedent's estate but, on the other hand, is a continuing care and expense to said estate and it would be in the interest of the estate and its heirs if this property were to be disposed of at this
time. The Detailed Descriptive List filed earlier herein shows that the property has an appraised value of [_APP_SPELLED_AMT_] ([_App_$_Amt_]). 4. An offer has been made to purchase the property (described above) and a buyer is now ready, willing and able to purchase said property on terms of [_PRICE_SPELLED_AMT_] ([_Price_$_Amt_]) cash for said property, said price being equal to the above cited appraisal. 5. As will be seen from the attached CERTIFICATE OF PUBLICATION AND NO OPPOSITION and attachments, notice of petitioner's intention to sell the above
described
property
for
the
price
of
[_PRICE_SPELLED_AMT_]
([_Price_$_Amt_]) DOLLARS has been published in the [_Paper_Name_] on [_Date_1_] and [_Date_2_], and no opposition thereto has been timely filed. WHEREFORE, petitioner prays for an order authorizing this sale and authorizing [_exec_him_her_] to sell the property owned by the Succession of [_DECEDENT_]
described
above
at
private
sale,
for
the
sum
of
[_PRICE_SPELLED_AMT_] ([_Price_$_Amt_] DOLLARS. The purchase price shall be paid in cash when the act of sale is passed. [_Firm_Name_] Attorneys for [_EXEC_ADMIN_NAME_] [_Exec_Admin_] of the Succession of [_DECEDENT_] [_Firm_St_Add_] [_Firm_City_St_Zip_] [_Firm_Tel_No._] [_Firm_Fax_No._] BY:
__________________________ [_Attorney_] BAR ROLL NUMBER [_BAR ROLL NUMBER_]
******Insert Page Break****** NOTICE [_COURT_] STATE OF LOUISIANA PARISH OF [_COURT_PARISH_] PROBATE NO. _______ SUCCESSION OF [_DECEDENT_]
NOTICE IS GIVEN that [_EXEC_ADMIN_NAME_], [_exec_admin_] of the Succession of [_DECEDENT_], is applying for authority to sell at private sale, on terms of [_PRICE_SPELLED_AMT_], ([_Price_$_Amt_]) DOLLARS cash, the immovable property owned by the Succession of [_DECEDENT_] described below. [_Property_Descrip_] An order authorizing [_exec_him_her_] to do so may be issued after seven days from the date of second publication of this notice. An opposition to the application may be filed at any time prior to the issuance of such an order. By Order of the Court,
______________________________ CLERK OF COURT ******Insert Page Break****** SUCCESSION OF [_COURT_] [_DECEDENT_]
PARISH OF [_COURT_PARISH_]
PROBATE NO. _________
STATE OF LOUISIANA
CERTIFICATE OF PUBLICATION AND OF NO OPPOSITION STATE OF LOUISIANA PARISH OF [_COURT_PARISH_] BEFORE ME, the undersigned Notary Public, personally came and appeared ___________________, Clerk of Court of [_Court_Parish_] Parish, Louisiana, who deposed and said that as will be seen by the Affidavit of Publication annexed hereto, notice of the filing of the [_exec_admin_]'s application in this matter to sell, by private sale, certain immovable property located in [_Court_Parish_] belonging to decedent's estate herein was published in the [_Paper_Name_], a newspaper published [_daily_weekly_] in the City of [_Paper_City_], [_Court_Parish_] Parish, Louisiana, on [_Date_1_] and on [_Date_2_], that more than seven days have elapsed since the second publication of said notice, and that no opposition to the application has been filed. __________________________________ CLERK OF COURT
SWORN AND SUBSCRIBED TO BEFORE ME [_AFF_DATE_]. ______________________________ NOTARY PUBLIC Bar Roll Number [_BAR ROLL NUMBER_] ******Insert Page Break****** SUCCESSION OF [_COURT_] [_DECEDENT_]
PARISH OF [_COURT_PARISH_]
PROBATE NO. ___________
STATE OF LOUISIANA
ORDER AUTHORIZING [_EXEC_ADMIN_] TO SELL IMMOVABLE PROPERTY AT PRIVATE SALE Considering the foregoing petition, it having been proved that notice of the application of the [_exec_admin_] to sell the property described below at private sale has been advertised in accordance with law, that the delays for opposing the application have elapsed, that no opposition has been filed, and that said sale is in the best interest of the succession: IT IS ORDERED that [_EXEC_ADMIN_NAME_], the [_exec_admin_] of the Succession of [_DECEDENT_], is authorized to sell that certain improved lot owned by the succession described as follows: [_Property_Descrip_] This
sale
shall
be
for
the
price
of
[_PRICE_SPELLED_AMT_]
([_Price_$_Amt_]). The purchase price shall be paid in cash when the act of sale is passed. SIGNED
IN
CHAMBERS
AT
[_ORDER_CITY_],
PARISH
[_ORDER_PARISH_], LOUISIANA, [_ORDER_DATE_] _____________________________________ DISTRICT JUDGE **********
WORD KEY: EXPLANATION: [_COURT_] Name court in which succession is filed. [_DECEDENT_] Decedent's name. [_COURT_PARISH_] Parish in which proceeding is filed. [_EXEC_ADMIN_NAME_] Name of executor, executrix,
OF
administrator or administratrix, as appropriate. [_exec_admin_] Executor, executrix, administrator or administratrix, as appropriate. [_Property_Add_] Address or location of property to be sold. [_Property_Descrip_] Legal description of property to be sold. [_APP_SPELLED_AMT_] Appraised value spelled out. [_App_$_Amt_] Appraised value in $. [_PRICE_SPELLED_AMT_] Price amount spelled out. [_Price_$_Amt_] Price amount in $. [_Paper_Name_] Name of newspaper in which notice is published. [_Date_1_] Date of first publication of notice. [_Date_2_] Date of second publication of notice. [_exec_him_her_] Him or her as appropriate for succession representative. [_Firm_Name_] Name of law firm. [_Exec_Admin_] Executor, executrix, administrator or administratrix, as appropriate. [_Firm_St_Add_] Street address of law firm. [_Firm_City_St_Zip_] City, state and zip code of law firm. [_Firm_Tel_No._] Telephone number of law firm. [_Firm_Fax_No._] Fax number of law firm. [_Attorney_] Name of attorney signing pleading.See README Special Note No. 3 on USE OF INITIALS. [_BAR ROLL NUMBER_] Bar Roll Number of Attorney. [_Court_Parish_] Same as [_COURT_PARISH_] but not in caps. [_daily_weekly_] As appropriate. [_Paper_City_] City in which published. [_AFF_DATE_] Date affidavit is signed. [_EXEC_ADMIN_] As appropriate. [_ORDER_CITY_] City in which order is signed. [_ORDER_PARISH_] Parish in which order is signed. [_ORDER_DATE_] Date on which order is signed.