PRIVATE SALE OF MOVABLE PROPERTY OF SUCCESSION - F2BSAL2: 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 movable property of the succession at private sale. La. R.S. 43:203 states the rules on publication (seven day delay found in La. C.C.P. Art. 3282). NOTE: The above form assumes that a Detailed Descriptive List has been filed and that the property being sold is for its appraised value 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 that Proof of publication may also be made by affidavit of the moving party or the party's attorney accompanied by the original newspaper tearsheet showing the text of the notice and its date or dates of publication under La. C.C.P. Art. 3265. NOTE ALSO: This form assumes that the sale will be for cash. If credit terms are involved, they should be set out in the petition, notice and order. For sale of a vehicle without publication, see F2BSAL4. See also GENERAL NOTES FOR SUCCESSION FORMS in README FOLDER. * * * * * * *
SUCCESSION OF
[_COURT_]
[_DECEDENT_]
PARISH OF [_COURT_PARISH_]
PROBATE NO. _________
STATE OF LOUISIANA
PETITION FOR AUTHORITY TO SELL MOVABLE 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 [_movable_description_]. 3. This item of property is no longer useful to decedent's estate but, on the other hand, is a continuing care 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 item has a value of [_SPELLED_AMT_] ([_$_amt_]). 4. An offer has been made to purchase the movable item (described above) and a buyer is now ready, willing and able to purchase said item on terms of
[_SPELLED_AMT_] ([_$_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 [_SPELLED_AMT_] ([_$_amt_]) DOLLARS
has
been
published
in
the
[_Paper_Name_]
published
in
[_Paper_Parish_] Parish, Louisiana on [_Date_Pub_], and no opposition thereto has been timely filed. WHEREFORE, petitioner prays for an order authorizing the sale and authorizing [_him_her_] to sell the item of movable property owned by the Succession of [_DECEDENT_] described above at private sale, for the sum of [_SPELLED_AMT_] ([_$_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_], SUCCESSION OF [_DECEDENT_] [_Firm_St_Add_] [_Firm_City_St_Zip_] [_Firm_Ph_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 [_SPELLED_AMT_], ([_$_amt_]) DOLLARS cash, an item of movable property owned by the Succession of [_DECEDENT_] described below. [_movable_description_]
An order authorizing [_him_her_] to do so may be issued after seven days from the date of 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 movable property located in [_Prop_Parish_] Parish belonging to decedent's estate herein was published in [_Paper_Name_], a newspaper published [_daily_weekly_] in [_Paper_City_], Louisiana, on [_Date_Pub_], that more than seven days have elapsed since the publication of said notice, and that no opposition to the application has been filed. __________________________________ CLERK OF COURT SWORN AND SUBSCRIBED TO BEFORE ME ON [_OATH_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 MOVABLE 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 the item of movable property owned by the succession described as follows: [_movable_description_] This sale shall be for the price of [_SPELLED_AMT_] ([_$_amt_]). The purchase price shall be paid in cash when the act of sale is passed. SIGNED IN CHAMBERS AT [_CITY_], PARISH OF [_ORDER_PARISH_], LOUISIANA, [_ORDER_DATE_] _____________________________________ DISTRICT JUDGE **********
WORD KEY: [_COURT_] [_DECEDENT_] [_COURT_PARISH_] [_EXEC_ADMIN_NAME_] [_exec_admin_] [_movable_description_] [_SPELLED_AMT_] [_$_amt_] [_Paper_Name_] [_Paper_Parish_] [_Date_Pub_] [_him_her_] [_Firm_Name_] [_Firm_St_Add_]
EXPLANATION: Name court in which succession is filed. Decedent's name. Parish in which proceeding is filed. Name of executor, executrix, administrator or administratrix. Executor, executrix, administrator or administratrix, as appropriate. Description of property to be sold. Appraisal/Sale Price spelled out. Appraisal/Sale Price in $. Name of newspaper in which notice is published. Parish in which newspaper published. Date of publication of notice. As appropriate for succession representative. Name of law firm. Street address of law firm.
[_Firm_City_St_Zip_] [_Firm_Ph_No._] [_Firm_Fax_No._] [_Attorney_]
[_BAR ROLL NUMBER_] [_Court_Parish_] [_Prop_Parish_] [_Paper_City_] [_daily_weekly_] [_OATH_DATE_] [_EXEC_ADMIN_] [_CITY_] [_ORDER_PARISH_] [_ORDER_DATE_]
City, State, zip of law firm. Telephone number of law firm. Fax number of law firm. Name of attorney signing pleadings. See README Special Note No. 3 on USE OF INITIALS. Bar Roll Number of Attorney. Same as [_COURT_PARISH_] but not in caps. Parish in which movable property is located. City in which newspaper is located. As appropriate. Date oath signed. As appropriate. City in which order is signed. Parish in which order is signed. Date order signed.