Detailed Answer — How this works under Louisiana law

Short answer: Yes. In Louisiana courts, a minor who has an interest in a succession (inheritance) or in immovable property generally cannot have that interest sold or otherwise extinguished without court supervision and proper representation for the minor. That supervision often includes appointment of a guardian ad litem (or a tutor) or another court-appointed representative whose role is to protect the minor’s legal and financial interests during the sale process.

How this typically plays out:

• Jurisdiction and case type. Sales of inherited land usually occur in succession (probate) proceedings or in a partition or forced sale action in civil court. The court handling the succession or partition has authority to approve sales or to appoint representatives for unrepresented parties.
• Representation for minors. Louisiana law requires that minors have representation when their rights or property are at stake in litigation. That representation may take the form of a tutor (legal guardian for a minor) in succession matters or a guardian ad litem appointed to represent the minor’s interests in the specific litigation. The precise title and duties can depend on whether the matter is handled in the succession docket or in a separate civil action.
• When a guardian/tutor is appointed. A court will appoint a guardian ad litem or tutor when there is a question whether the minor’s rights are adequately represented or when a proposed sale could harm the minor’s interest. A petition or motion requesting appointment is usually filed by an interested party — often a co-heir, the succession representative (executor/administrator), or an interested buyer — or the court may appoint one on its own motion.
• Court standards and best-interest test. The court will evaluate whether the sale is in the minor’s best interest. That includes reviewing appraisals, sale terms, whether notice and advertisement requirements were met, whether a fair market price is obtained, and whether the sale process protects the minor’s future financial needs. A guardian ad litem or tutor will advise the court about what is best for the minor and may oppose a sale that appears prejudicial.
• Protections the court may require. If the sale is approved, the court can impose protections for the minor, such as:
• Ordering an independent appraisal or multiple appraisals;
• Requiring sale by public auction or judicial sale to ensure competitive bidding;
• Directing that sale proceeds be deposited with the court registry or placed in a protected account until the minor reaches majority;
• Requiring bond, periodic accounting, or court approval for distributions from sale proceeds.
• Timing and procedure. The person seeking to sell the property (often the succession representative or a co-owner) files a petition asking for court authority to sell. If there are minors among the heirs, the petition should note that and request appointment of a guardian ad litem or tutor (or ask the court to confirm an already-appointed representative) so the minor’s interests can be protected during the sale. The court will set a hearing and require notice to parties, including the minor’s legal representative or the minor’s parents when appropriate.

Where to find the rules and statutes. Louisiana statutes and court rules govern succession, representation of minors, and court-supervised sales. The legislature’s site lists applicable Civil Code and Code of Civil Procedure provisions; courts and clerks’ offices follow those rules when authorizing sales or appointing representatives. For statutory texts and official rules, see the Louisiana Legislature website: https://www.legis.la.gov/.

Practical example (hypothetical): Suppose a decedent left a tract of land to three heirs: an adult sister and two grandchildren who are minors. The adult sister wants to sell the land to pay estate debts. The succession representative petitions the succession court to authorize a sale. Because two heirs are minors, the court will insist the minors be legally represented — by their tutor (if one already exists), by a guardian ad litem appointed for the action, or by another court-approved representative — and will evaluate whether the sale is fair and in the minors’ best interest before approving it and directing how sale proceeds are protected.

Important limits: The court will not rubber-stamp a sale. If the sale terms undervalue the property, involve a related buyer, or otherwise appear to disadvantage the minors, the guardian ad litem may object and the court may deny approval, require changes, or order a different sale method. Courts balance the need to settle estates and pay debts against the duty to protect vulnerable heirs.

Where to get more help: Because procedure and protections can turn on factual details, local court rules, and whether the proceeding is a succession or a partition, consult a Louisiana attorney experienced in successions and minor representation to prepare petitions, document notice, and advocate for safeguards for the minor heirs.

Helpful Hints — Practical steps and checklist

• Notify the court early. If you anticipate selling inherited land and any heirs are minors, raise the issue in your initial petition so the court can address representation and protections at the start.
• Request appointment in writing. Ask the court to appoint a guardian ad litem or tutor in your motion or petition; include the minors’ names and ages and why court representation is needed.
• Obtain independent valuations. Get one or more independent appraisals and include them with your petition. Courts favor objective evidence of fair market value.
• Provide full disclosure. Disclose related-party buyers, purchase offers, or any conflicts of interest upfront. Related-party transactions draw extra scrutiny.
• Prepare for protective orders. Expect the court to require sale proceeds be placed in a restricted account, with bond or periodic accounting required by the court until minors reach majority.
• Keep records. Maintain copies of notices, appraisals, accountings, and court orders. The court will review these to ensure minors’ interests were protected.
• Consider alternatives. If a sale will significantly reduce long-term value for minors, consider a partition in kind, leasing the property, or deferring sale until minors reach majority, where feasible.
• Hire counsel. A Louisiana attorney familiar with successions and civil procedure can draft the required pleadings, advise on whether a guardian ad litem or tutor is appropriate, and represent the minors’ or the estate’s interests in court.