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Rule 12.9A General Rules Applicable to all Fiduciaries for all Petitions
Relating to the Public Sale, Excusing or Requiring Additional Security
or Other Disposition of Real Estate.
1. Personal Representative.
When it is required that a personal representative petition the
Court to sell real property at public sale, the petition, in addition
to the requirements of Pennsylvania Orphans' Court Rule 12.9, shall
also set forth in separate paragraphs, the following:
(a) the name or other designation of the estate; the date of death,
whether the decedent died testate or intestate, date of grant of
letters, if a decedent's estate, or testamentary trust, or the date
and manner of creation, if another type of fiduciary estate. If the
petitioner be other than the fiduciary, include the particulars of
the fiduciary required herein, and set forth facts sufficient to
satisfy the Court of the propriety of entertaining the petition by
a petitioner other than the fiduciary;
(b) set forth the reason why the personal representative is not
otherwise authorized to sell by the Probate, Estates and Fiduciaries
Code; or is not authorized or is denied the power to do so by the
will; or that it is desirable that the sale have the effect of a
judicial sale in which event state the reasons therefor and comply
with Bucks Rule 12.10B;
(c) the total value of the personal estate for which he is accountable,
as shown in the inventory filed and the inheritance tax appraisal
made, if any, and also a statement of the total proceeds of any real
estate previously sold or otherwise disposed of;
(d) if the fiduciary has been required to give bond or if additional
security may be required, waived or requested, a statement of the
amount of the bond or bonds filed by him if any, and the names of
the sureties thereon;
(e) the names and relationships of all parties in interest; a brief
description of the respective interests; whether any of them are
minors, incapacitated persons or deceased, and if so the names of
their fiduciaries, if any;
(f) the nature and amount of liens or other claims or charges which
are not liens;
(g) whether or not there is any known objection by any party in
interest to the grant of relief requested;
(h) a full legal description of the subject real estate, together
with a recital of the title thereof sufficient to explain the nature
and quantum of all interests therein which will or may be affected
by the relief requested.
(i) sufficient facts to enable the court to determine that the sale
is desirable for the proper administration and distribution of the
estate;
(j) an appropriate request for relief, together with a form of order
or decree in accordance therewith.
2. Trustee.
When it is required that a trustee petition the Court to sell real
property at public sale, the petition, in addition to the requirements
of Pennsylvania Orphans' Court Rule 12.9, shall also set forth in
separate paragraphs, the following:
(a) the name and capacity of the trustee; together with the date
and manner of his appointment; how title was acquired, stating the
date and place of probate of the will, schedule of distribution,
or recording of the deed;
(b) a recital of the relevant provisions of the will or deed pertaining
to the real property to be sold or of the history of the trust (references
to specific paragraphs or pages of the exhibit may be incorporated
by reference rather than recite in detail the appropriate section
of the document).
(c) the names and relationships of all parties in interest; a brief
description of their respective interests; whether any of them are
minors, incapacitated persons or deceased and if so, the names of
their fiduciaries, if any;
(d) the nature and amount of liens or other claims or charges which
are not liens;
(e) whether or not there is any objection by any party in interest
to the grant of relief requested.
(f) a full legal description of the subject real estate, together
with a recital of the title thereof sufficient to explain the nature
and quantum of all interests therein which will or may be affected
by the relief requested.
(g) the total value of the personal estate for which he is accountable
as shown, for example, in the inventory filed (by the will, deed,
or schedule of distribution); a statement of the total proceeds of
any real estate previously sold or otherwise disposed of;
(h) that the trustee is not authorized to sell under the Probate,
Estates and Fiduciaries Code, 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 reasons; and complying with Bucks
County Rule 12.10B;
(i) sufficient facts to enable the Court to determine that the proposed
sale is for the best interest of the trust;
(j) an appropriate request for relief together with a form of order
or decree in accordance therewith.
3. Guardian.
When it is required that a guardian petition the Court to sell real
property at public sale, the petition, in addition to the requirements
of Pennsylvania Orphans' Court Rule 12.9, shall set forth in separate
paragraphs the following:
(a) name, date, fiduciary designation and manner of appointment
of the guardian. If the petitioner not be the guardian, include the
particulars relating to the guardian mentioned above as to the propriety
of the Court's entertaining the petition and the granting of relief
to the petitioner, rather than to the guardian;
(b) the age of the ward and date of birth;
(c) the names of his next of kin and that notice has been given
them of the presentation of the petition; when there are no known
next of kin who are sui juris to whom notice may be given, public
notice in accordance with Bucks Rule 12.9C 1, may be required as
the Court shall by special order in each case designate, if appropriate;
(d) how title was acquired, stating the date and place of probate
of the will, the schedule of distribution or recording of the deed;
together with a recital of the provisions of the will, schedule of
distribution or deed relating to the real estate to be sold;
(e) the nature and extent of the interest of the ward, and of other
persons, in the real property, whether any of them are minors, incapacitated
persons or deceased and if so, the names of their fiduciaries, if
any;
(f) whether or not there is any objection by any party in interest
to the grant of the relief requested;
(g) a full legal description of the subject real estate, together
with a recital of the title thereof sufficient to explain the nature
and quantum of all interests therein which will or may be affected
by the relief requested.
(h) that the guardian is not otherwise authorized to sell by the
Probate, Estates and Fiduciaries Code, or is denied the power by
the instrument appointing him; or that the sale has the effect of
a judicial sale (thereby complying with Bucks Rule 12.10B);
(i) sufficient facts to enable the Court to determine that the proposed
sale will be for the best interest of the ward;
(j) an appropriate request for relief together with a form of order
or decree in accordance therewith.