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Court Rule

N12.15.2 Petition to Fix or Waive Additional...

(a) Form of Petition. In any public or private sale of real estate by a personal representative or trustee without benefit of an order of Court directing or authorizing such sale, where the personal representative or trustee was required to give bond as such personal representative or trustee, he shall present his petition to the Court before the proceeds of the sale are paid to him by the purchaser. The petition shall set forth:
(1) the date of death of the decedent;
(2) the date of the petitioner's appointment;
(3) the amount of the bond or bonds filed by him and the date of such filing and the name or names of his surety;
(4) the total valuation of the personal estate as shown in the inventory and appraisement, if any, and the total proceeds of any real estate sold previously;
(5) a short description of the real property sold, the name of the purchaser and the amount of the consideration to be paid; and
(6) a prayer for an order fixing the amount of additional security or for an order excusing him from filing additional security, as the case may be.
(b) Surety on Additional Bond. The surety on any additional bond except for cause shown shall be the same as on the original bond.
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Created at 1/29/2016 4:15 PM by Vitek Gajewski
Last modified at 1/29/2016 4:15 PM by Vitek Gajewski
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