Succession Representative's Deed (Cash Sale by Succession Representative) - Louisiana

IMPORTANT LEGAL NOTICE
Louisiana operates under a CIVIL LAW system. There is no common-law "personal representative's deed." A succession representative (executor / administrator) sells succession IMMOVABLE property by AUTHENTIC ACT executed before a NOTARY and TWO WITNESSES. In an ordinary (dependent) administration, the sale must be AUTHORIZED BY THE COURT (La. C.C.P. art. 3261; private sale procedure under art. 3281), and the proceeds and procedures are subject to court supervision. In an INDEPENDENT administration (authorized by the will or by consent of all heirs/legatees under La. C.C.P. arts. 3396.1-3396.20), the independent administrator may sell, lease, mortgage, transfer, and otherwise deal with immovable property WITHOUT leave of court. Alternatively, after a JUDGMENT OF POSSESSION, the heirs/legatees who have been placed in possession convey the immovable property in their own names. This warranty is LIMITED. Louisiana is a "race" recording state. Obtain title insurance for complete protection.

SUCCESSION REPRESENTATIVE'S DEED

(CASH SALE BY SUCCESSION REPRESENTATIVE)

(Acte de Vente by the Succession Representative)

State of Louisiana

RECORDING INFORMATION

After Recording Return To:

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________

Notary Public Information:

Name: ________________________________________
Notary ID / Bar Roll No.: ____________________
Parish of Commission: ________________________
Address: _____________________________________

PROPERTY INFORMATION

SUCCESSION / COURT INFORMATION

DOCUMENTARY TAX (Orleans Parish Only)

Note: Only Orleans Parish imposes a documentary transaction tax on conveyances. Other parishes do not have this tax. Louisiana imposes no statewide real estate transfer tax.

PARTIES

VENDOR (Succession Representative):

Name: [SUCCESSION REPRESENTATIVE FULL LEGAL NAME]

Acting solely in the representative capacity as:
☐ Testamentary Executor of the Succession of [DECEDENT NAME]
☐ Administrator of the Succession of [DECEDENT NAME]
☐ Independent Administrator / Independent Executor of the Succession of [DECEDENT NAME]

Mailing Address: [FULL ADDRESS]

VENDEE / PURCHASER (Buyer):

Name: [VENDEE FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Marital Status:
☐ Single, never married
☐ Married to [SPOUSE NAME]
☐ Widow/Widower of [DECEASED SPOUSE NAME]
☐ Divorced

Manner of Holding Title:
☐ As separate property
☐ As community property (married couples)
☐ As co-owners in indivision (____% and ____%)
☐ As a Louisiana limited liability company
☐ As a Louisiana corporation
☐ As Trustee of [Trust Name]

AUTHENTIC ACT OF SALE

Appearance and Recitals

UNITED STATES OF AMERICA
STATE OF LOUISIANA
PARISH OF [PARISH NAME]

BE IT KNOWN, that on this _____ day of _________________, 20_____, before me, the undersigned Notary Public, duly commissioned and qualified in and for the Parish of [PARISH], State of Louisiana, and in the presence of the undersigned competent witnesses,

PERSONALLY CAME AND APPEARED:

[SUCCESSION REPRESENTATIVE NAME], of the full age of majority, appearing herein NOT individually but solely in the capacity of [Testamentary Executor / Administrator / Independent Administrator] of the Succession of [DECEDENT NAME], Deceased, bearing Docket No. [DOCKET NUMBER] on the docket of the [JUDICIAL DISTRICT] Judicial District Court for the Parish of [PARISH], Louisiana, appearing herein as VENDOR,

Authority of the Succession Representative

Vendor declares that Vendor was duly appointed, confirmed, and qualified as the succession representative named above, and that Letters Testamentary / Letters of Administration (or Letters of Independent Administration) were issued on [__/__/____] and remain in full force and effect, and that Vendor makes this sale pursuant to the following authority (check the applicable basis):

☐ Ordinary administration — court authorization (La. C.C.P. art. 3261; private sale under art. 3281). A succession representative may sell succession property to pay debts and legacies, or for any other purpose, when authorized by the court. By Order / Judgment of the above Court rendered on [__/__/____], the Court authorized and homologated the sale of the immovable property described herein at private sale upon the price and conditions stated, and this sale is made pursuant to and in conformity with that authorization.

☐ Independent administration (La. C.C.P. arts. 3396.1-3396.20). Vendor is the duly qualified Independent Administrator / Independent Executor of the Succession, the independent administration having been authorized ☐ by express provision of the decedent's testament ☐ by the consent of all heirs/legatees, and is therefore empowered to sell, transfer, and convey the immovable property described herein WITHOUT the need for leave or further order of court.

Granting Clause

Vendor declared that for and in consideration of the price and sum of [WRITTEN AMOUNT] AND NO/100 DOLLARS ($[NUMERIC]), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, Vendor, solely in the representative capacity stated above, does by these presents GRANT, BARGAIN, SELL, CONVEY, TRANSFER, ASSIGN, SET OVER, AND DELIVER, WITH LIMITED WARRANTY OF TITLE and with full substitution and subrogation in and to all rights and actions of warranty against all preceding owners and vendors, unto:

[VENDEE NAME], of the full age of majority, domiciled in [PARISH/COUNTY], [STATE], appearing herein as VENDEE / PURCHASER,

all of the right, title, and interest of the decedent and of the Succession in and to the following described immovable property situated in the Parish of [PARISH], State of Louisiana, to-wit:

See Exhibit A attached hereto and made a part hereof (the "Property")

Property Conveyed

TOGETHER with all the buildings and improvements thereon, and all the rights, ways, privileges, servitudes, appurtenances, and advantages thereunto belonging or in anywise appertaining, including but not limited to:

☐ All improvements, buildings, structures, and component parts
☐ All servitudes (easements) appurtenant to the Property
☐ All rights in streets, alleys, and ways adjoining the Property
☐ All mineral rights (unless reserved below)

LIMITED WARRANTY OF TITLE

Nature of Limited Warranty (Fiduciary Sale)

This sale is made by Vendor solely in a fiduciary, representative capacity and not individually. Vendor conveys only such right, title, and interest as the decedent held at death and as the Succession is empowered to convey. Vendor warrants and defends the title against all persons claiming by, through, or under Vendor in the representative capacity, but against none other, and Vendor assumes NO personal liability by reason of this sale.

Scope and Exclusions

THIS IS A SALE WITH LIMITED WARRANTY. Vendor does NOT warrant against:

☐ Claims or defects arising before or during the decedent's ownership
☐ Liens, mortgages, privileges, or encumbrances created by the decedent or by prior owners
☐ Claims by parties not claiming through Vendor in the representative capacity
☐ Any vices or defects of title not attributable to Vendor's own acts as representative

Louisiana Civil Code Reference

This limited warranty is less than the full warranty against eviction implied under Louisiana Civil Code Article 2475. Vendee accepts this limited warranty in lieu of full warranty, with subrogation to the warranty rights of the Succession against preceding owners.

EXCEPTIONS AND RESERVATIONS

This sale is made and accepted SUBJECT TO:

Standard Exceptions

☐ All taxes and assessments for the current year and subsequent years
☐ All zoning ordinances and building restrictions
☐ All recorded servitudes (easements), rights-of-way, and restrictions
☐ Any state of facts an accurate survey would show
☐ Rights of tenants in possession, if any
☐ Claims and rights of creditors of the Succession, if any

Specific Exceptions

1. [SPECIFIC EXCEPTION] — Recorded at COB _____, Folio _____ (Instr. No. _____), [PARISH] Parish Conveyance Records

2. [SPECIFIC EXCEPTION] — Recorded at COB _____, Folio _____ (Instr. No. _____), [PARISH] Parish Conveyance Records

☐ See Exhibit B for additional exceptions

Mineral Reservation (if applicable)

☐ All mineral rights conveyed with sale
☐ Vendor reserves the following mineral rights: _________________________________

DECLARATION OF ACQUISITION

Vendee declares acceptance of this sale and acquisition of the Property with all servitudes, charges, and conditions herein expressed.

AUTHENTIC ACT EXECUTION (La. C.C. art. 1833)

THUS DONE AND PASSED in my office in the City of [CITY], Parish of [PARISH], State of Louisiana, on the day, month, and year first above written, in the presence of the undersigned competent witnesses, who hereunto sign their names with the Vendor, Vendee, and me, Notary, after due reading of the whole.

VENDOR SIGNATURE (Succession Representative)

________________________________________
[SUCCESSION REPRESENTATIVE NAME],
solely as [Executor/Administrator/Independent Administrator]
of the Succession of [DECEDENT NAME], Deceased,
and not individually
Printed Name: ___________________________

VENDEE / PURCHASER SIGNATURE(S)

________________________________________
[VENDEE NAME] (Vendee/Purchaser)
Printed Name: ___________________________

________________________________________
[SPOUSE NAME] (Spouse of Vendee, if applicable)
Printed Name: ___________________________

WITNESSES (REQUIRED — Two Witnesses per La. C.C. art. 1833)

IMPORTANT: An Authentic Act in Louisiana REQUIRES two competent witnesses who are not parties to the act.

WITNESS 1:
________________________________________
Printed Name: ___________________________

WITNESS 2:
________________________________________
Printed Name: ___________________________

NOTARY PUBLIC

________________________________________
NOTARY PUBLIC
[NOTARY NAME - Typed or Printed]
Notary Public ID No. / Bar Roll No.: __________
Parish of Commission: _______________________
My Commission: ☐ Issued for Life ☐ Expires: ________

[NOTARIAL SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Municipal Address:
[STREET ADDRESS]
[CITY], Louisiana [ZIP]

Parish: [PARISH]

Tax Assessment Number: [NUMBER]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example formats:

Lot and Square/Block:
A certain lot or portion of ground, together with all the buildings and improvements thereon, situated in the [CITY/PARISH] of [NAME], Parish of [PARISH], State of Louisiana, in [SQUARE/BLOCK NO.], bounded by [STREETS], and designated as Lot _____ on a plan of [SUBDIVISION NAME] by [SURVEYOR NAME], dated [DATE], measuring [DIMENSIONS].

Metes and Bounds:
A certain tract or parcel of land, together with all the buildings and improvements thereon, situated in [SECTION/TOWNSHIP/RANGE DESCRIPTION], Parish of [PARISH], State of Louisiana, containing _____ acres, more or less, and being more particularly described as follows: [METES AND BOUNDS]

Being the same property acquired by the decedent, [DECEDENT NAME], from [PRIOR OWNER] by act of [sale/donation/succession] passed before [NOTARY NAME], Notary Public, dated [DATE], registered at COB _____, Folio _____ (Instr. No. _____), [PARISH] Parish Conveyance Records.

EXHIBIT B - SPECIFIC EXCEPTIONS (If Applicable)

[List all encumbrances that will remain after closing]

1. ________________________________________________________________ (COB _____, Folio _____)

2. ________________________________________________________________ (COB _____, Folio _____)

LOUISIANA RECORDING REQUIREMENTS

Filing Information

• Filing Office: Clerk of Court / Recorder of Conveyances, [PARISH] Parish (Orleans Parish: Land Records Division)
• Recording Deadline: Record promptly; notarial acts should be transmitted for recordation timely (La. R.S. 35:199)
• Documentary Tax: Orleans Parish only

Recording Priority

Louisiana is a "RACE" recording state. The person who records first, regardless of notice of a prior claim, has priority of title.

Document Requirements (La. C.C. art. 1833; La. C.C. art. 3352)

☐ Authentic Act form (Notary + Two Witnesses)
☐ Full names of all parties; representative capacity of Vendor stated
☐ Mailing addresses of all parties
☐ Marital status of all individuals (Vendee)
☐ Property municipal address and parish
☐ Notary's ID number or bar roll number; typed/printed names beneath all signatures

Authority Documentation (record or have available)

☐ Letters Testamentary / Letters of Administration (or Letters of Independent Administration)
☐ Certified copy of court Order/Judgment authorizing and homologating the sale (ordinary administration — La. C.C.P. arts. 3261, 3281 et seq.)
☐ Certified copy of testament authorizing independent administration, or consent of heirs/legatees (independent administration — La. C.C.P. arts. 3396.1-3396.20)

Statutory References

• La. C.C.P. art. 3261 — Purpose of sale; succession representative may sell when authorized by court
• La. C.C.P. arts. 3271-3284 — Sale of succession property; public and private sale; court authority and homologation
• La. C.C.P. art. 3281 — Petition for private sale; suspensive condition of court approval
• La. C.C.P. arts. 3396.1-3396.20 — Independent administration; sale of immovable property without court order
• La. C.C. art. 1833 — Authentic act (notary + two witnesses)
• La. C.C. art. 2475 — Warranty against eviction
• La. C.C. art. 3352 — Requirements for recorded acts
• La. R.S. 35:11; 35:199 — Notarial functions; recordation

ALTERNATIVE: CONVEYANCE BY HEIRS AFTER JUDGMENT OF POSSESSION

If the succession has been closed and a Judgment of Possession has been rendered (La. C.C.P. art. 3061 et seq.) placing the heirs/legatees in possession of the immovable property, the property is conveyed by the heirs/legatees in their own names by an ordinary Act of Sale (authentic act, notary + two witnesses), NOT by a succession representative's deed. In that case, use a standard Louisiana Act of Sale and recite the recorded Judgment of Possession as the heirs' source of title.

TITLE INSURANCE NOTICE

IMPORTANT: Because this sale by a Succession Representative contains a LIMITED WARRANTY and is a fiduciary conveyance, Vendee is STRONGLY ADVISED to obtain an owner's policy of title insurance and to confirm that the representative's authority to sell (court authorization, or independent-administration authority) is properly of record.

☐ Vendee acknowledges receipt of this recommendation

END OF SUCCESSION REPRESENTATIVE'S DEED (CASH SALE BY SUCCESSION REPRESENTATIVE)

Louisiana Code of Civil Procedure arts. 3261-3284, 3396.1-3396.20; Louisiana Civil Code