How to file a partition action or petition for sale of inherited real estate when some heirs are minors — Louisiana

Disclaimer: This article provides general information about Louisiana law and common procedures. It is not legal advice. For legal advice about your specific situation, consult a licensed Louisiana attorney.

Detailed answer — Overview and step-by-step guide

If property was inherited by two or more heirs and the co‑owners cannot agree to divide it, any co‑owner can ask a civil court to split the property or order a sale and divide the proceeds. In Louisiana this is commonly called a partition action (partition by physical division) or a petition for sale in lieu of partition (sale and division of proceeds). When one or more heirs are minors, the court must protect the minor’s legal interests. That protection typically means the minor needs a properly appointed representative (a tutor or curator) and the court often must approve any sale or distribution affecting the minor’s interest.

1. Confirm ownership and heirship

– Collect the death certificate and the succession documents (act of possession, testament, judgment of possession, or declaration of heirship).
– Verify the chain of title for the immovable (real estate). Obtain the most recent mortgage and tax records.
– Identify all heirs and their shares. Note which heirs are minors and whether a tutor (guardian) for the minor was appointed in the succession.

2. If no tutor or guardian exists for a minor heir, ask the court to appoint one

– Minors cannot represent themselves in actions that affect their property rights. If the succession did not already appoint a tutor for the minor, you will usually need to ask the court to appoint one for the minor’s person and/or property before the court allows sale or partition.
– The court may appoint a permanent tutor (in succession or family court) or a curator ad hoc specifically for the litigation if the appointment is limited in scope.
– The tutor has a duty to represent the minor’s best interests and must get court approval for many transactions involving immovable property.

3. Choose the right petition: partition by division or petition for sale

– Partition by physical division: the property is divided into portions so each co‑owner receives a share of the land. This works only when the property can be fairly divided without substantially reducing value or utility.
– Petition for sale (sale in lieu of partition): the court orders a sale and divides the proceeds according to ownership shares. Courts often prefer sale when physical division is impracticable or leads to waste or loss of value. When minors are involved, courts commonly prefer sale with safeguards for the minor’s funds.

4. File the petition in the appropriate court

– File a petition for partition or petition for sale with the civil district court in the parish where the immovable is located.
– The petition should: identify the property, list all known owners and their addresses, state the heirs’ shares or basis of ownership, describe any encumbrances (mortgages/liens), request partition or sale, and ask for appointment of any necessary curator or appointment of an attorney ad litem for unknown or incapacitated parties.
– Include a request that the court require minors’ proceeds to be handled appropriately (blocked account, tutorship account, or court registry) until a guardian of the minor’s property is appointed or until the minor reaches majority and the court orders distribution.

5. Serve notice and provide due process

– All co‑owners must be notified. If heirs or co‑owners are unknown or cannot be located, the court may permit substituted service or publication.
– The minor’s tutor (if already appointed) must be served. If the tutor is not yet appointed, the court must appoint someone to represent that minor’s interests and ensure service to that representative.

6. Valuation, appraisals, and accounting

– The court often orders an appraisal to determine market value. Appraisals support whether division is feasible or whether sale would better serve the interests of all heirs.
– Any outstanding mortgages, taxes, or costs of administration are typically paid from sale proceeds before division.

7. Court approval and sale mechanics

– If the court orders a private sale, it will scrutinize the price and terms to protect minors’ interests. A judicial sale (court‑supervised) can be used when more protection is necessary.
– The court will confirm the sale and then order distribution of proceeds according to shares. For minors, the court commonly requires the minor’s share to be deposited into a blocked account, court registry, or a tutorship account until a guardian is appointed or the minor is of age.

8. Distribution of proceeds and protection of minors’ funds

– Proceeds must be divided according to ownership shares after paying liens, taxes, and court‑ordered costs.
– The court will typically order special handling of a minor’s share: deposit in the registry of the court, appointment of a curator or tutor to manage the funds, or placement in a protected custodian account. The court may also require periodic accounting by the tutor for the minor’s funds.

9. Practical timing and likely timeline

– Simple partitions between adults can take a few months if all agree. When minors are involved and a tutor must be appointed, expect several additional months for appointments, appraisals, notices, and court approvals. Complex title issues, liens, or contested facts can extend the process substantially.

10. When to hire an attorney

– Consider hiring a Louisiana attorney if: minors are involved; heirs disagree on sale vs. division; there are mortgages or title defects; the property is rental/complex; or you need help navigating the court’s protections for a minor’s interest. An attorney experienced with partition and succession matters will draft the petition, obtain necessary appraisals, and help secure proper court orders to protect minor heirs.

For more detailed statutory text and to research Louisiana statutes that govern partition actions, succession, and representation of minors in court, start at the Louisiana Legislature’s official site: https://www.legis.la.gov/. Use that site to look up the Louisiana Civil Code and the Code of Civil Procedure provisions that relate to partition, succession, tutorship, and curatorship.

Helpful Hints

Get clear title documents early: death certificate, succession judgment or act of possession, and current deed(s).
Identify and document every heir and indicate which heirs are minors; include dates of birth and current contact information when possible.
If a minor already has a tutor appointed in the succession, attach the tutor’s appointment order to your petition and serve the tutor directly.
Ask the court for a curator ad hoc if an heir cannot be found or if the minor has a conflict of interest with other parties.
Request clear court instructions about how the minor’s share will be held (court registry, blocked account, tutorship account) until distribution is appropriate.
Be prepared for the court to require independent appraisals and to supervise any sale to protect minors’ interests.
Keep all communications about offers and sale terms in writing and share them with the minor’s tutor or court‑appointed representative.
Consider mediation if adults can reach a negotiated sale or property division — the court may approve a private agreement that includes protections for minors.
Plan for taxes, mortgage payoff, and sale costs — these reduce net proceeds and therefore the minor’s share.
When in doubt, consult a Louisiana attorney experienced in successions, tutorships, and partition actions to ensure the court’s procedures protect the minor and satisfy statutory requirements.