RULE N12.9.1. PUBLIC SALE OF REAL PROPERTY. ADDITIONAL REQUIREMENTS.

 

(a) In General. A petition by a fiduciary to sell real property at public sale, in addition to the requirements of Rule 12.9, shall also set forth in separate paragraphs:
(1) the name, residence and date of death of the decedent; whether he died testate or intestate; and the date of the grant of letters;
(2) that the personal representative is not otherwise authorized to sell by the Act, or is not authorized or is denied the power to do so by will, or that it is desirable that the sale have the effect of a judicial sale, stating the reasons;
(3) whether an inventory and appraisement has been filed; the total value of the property shown therein, and the value at which the real property to be sold was included therein;
(4) if the personal representative entered bond with the Register, the name of the surety and the amount of such bond;
(5) the names and relationships of all parties in interest; a brief description of their respective interests, whether any of them are minors, incompetents, or deceased, and if so, the names and the record of the appointment of their fiduciaries, if any;
(6) a full description of the real property to be sold, the improvements thereon, by whom it is occupied, its rental value and current tax assessment; and
(7) sufficient facts to enable the Court to determine that the sale is desirable for the proper administration and distribution of the estate.
 
(b) Sale by Trustee. A petition by a trustee to sell real property at public sale shall, in addition to the requirements of Rule 12.9, also set forth in separate paragraphs:
(1) how title was acquired, stating the date and place of probate of the will or recording of the deed;
(2) a recital of the relevant provisions of the will or deed pertaining to the real property to be sold, and the relevant history of the trust;
(3) the names and relationships of all parties in interest, a brief description of their respective interests, whether any of them are minors, incompetents or deceased, and if so, the names and record of the appointment of their fiduciaries, if any;
(4) a full description of the real property to be sold, the improvements thereon, by whom it is occupied, its rental value and the current valuation for local real estate tax purposes;
(5) that the trustee is not otherwise authorized to sell by the Act, or is denied the power by the trust instrument; or that it is advisable that the sale have the effect of a judicial sale, stating the reason; and
(6) sufficient facts to enable the Court to determine that the proposed sale is for the best interest of the trust.

 

(c) Sale by Guardian of Minor. A petition by the guardian of a minor to sell real property at public sale shall, in addition to the requirements of Rule 12.9, also set forth in separate paragraphs:
(1) the age of the minor;
(2) the names of his next of kin and the notice given them of the presentation of the petition;
(3) how title was acquired, stating the date and place of probate of the will or recording of the deed;
(4) a recital of the provisions of the will or deed relating to the real property to be sold;
(5) the nature and extent of the interest of the minor, of the guardian and of other persons in the real property;
(6) a full description of the real property to be sold, the improvements thereon, by whom it is occupied, its rental value and current valuation for local real estate tax purposes; and
(7) sufficient facts to enable the Court to determine that the proposed sale will be for the best interest of the minor.

 

(d) Sale by Guardian of an Incompetent. A petition by the guardian of an incompetent to sell real property at public sale shall, in addition to the requirements of Rule 12.9, also set forth in separate paragraphs:
(1) the date of adjudication of incompetency and of the appointment of the guardian;
(2) the place of domicile and the current place of residence of the incompetent;
(3) the date of filing of the inventory of the assets of the incompetent with a summary thereof;
(4) the vocation of the incompetent and his current earned income, if any;
(5) details concerning the persons residing within the Commonwealth who are sui juris and would be entitled to share in the estate if the incompetent were to die at that time;
(6) a schedule of the names and addresses of the creditors of the incompetent and the amounts of their claims;
(7) description of the property and recital of record title, the improvements thereon, by whom it is occupied, its rental value and current valuation for local real estate tax purposes;
(8) such facts as will enable the Court to determine that the proposed sale is for the benefit of the incompetent; and (9) joinder by or proof of notice to all parties in interest.