Rule 12.9.1 - Public Sale Of Real Property. Contents Of Petition.(a)Personal Representative. A petition by a personal representative to sell real property at public sale, under the P.E.F. Code, shall set forth in separate paragraphs (1) name, residence, and date of death of the decedent; whether he or she died testate or intestate, and the date of grant of letters;(2) that the personal representative is not otherwise authorized to sell by the P.E.F. Code, or that the personal representative 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, stating the reasons;(3) the total value of the personal estate and all of the real property, respectively, as shown in the inventory filed, including the value at which the real property to be sold was included therein;(4) a full description of the real property to be sold, improvements thereon, by whom it is occupied;(5) if the personal representative entered bond with the Clerk, the amount of such bond and the name of the surety;(6) the names of all parties in interest, as heirs, devisees, legatees, or lienholders, who will be affected by the granting of the petition and the interest of each; whether any of them are minors, incompetents/ incapacitated persons, or deceased, and if so, the names and the record of the appointment of their fiduciaries;(7) the liens and charges, if any, of record against the property to be sold;(8) the terms of the proposed sale; and(9) any additional facts which may aid the Court to determine that the sale is desirable for proper administration and distribution of the estate.(b)Trustee- A Petition by a trustee to sell real property at public sale under the P.E.F. Code shall set forth in separate paragraphs: (1) a statement, in substance, of the provisions of the instrument creating the trust. Particularly the powers, if any, therein given to the trustee in respect of real property;(2) a copy of the instrument creating the trust, in the form of an exhibit, or if too lengthy, the relevant portions;(3) the total value of the personal property and the real property, respectively, forming the corpus of the trust;(4) the amount of the bond, if any, filed;(5) the names of all parties interested as beneficiaries, including life tenants and remaindermen, who will be affected by the granting of the petition, whether any of them are minors, incompetents/incapacitated Persons, or deceased, and if so, the names and the record of appointment of their fiduciaries;(6) a full description of the real property proposed to be sold, the improvements thereon, by whom it is occupied;(7) the reason the sale of the real property involved is necessary or desirable for the proper administration of the trust estate;(8) the liens and charges, if any of record against the real Property to be sold;(9) that the trustee is not otherwise authorized to sell by the P.E.F. 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 reason; and(10) the terms of the proposed sale.(c)Guardian. Incapacitated Person's Estate. A petition by a guardian of an incapacitated person's estate to sell real Property at public sale under the P.E.F. Code shall set forth in separate paragraphs: (1) the name, age, marital status and domicile of the incapacitated person; the date of appointment of the guardian and by what court; and the amount of bond filed;(2) the total value of the Personal estate and all of the real property, respectively, as shown in the inventory filed;(3) a full description of the real property proposed to be sold, the improvements thereon, by whom occupied;(4) the names of the parties in interest as heirs and/or next of kin;(5) why the sale of the real Property involved is necessary or desirable for the administration of the incapacitated person's estate;(6) the liens and charges, if any, of record against the property to be sold; and(7) the terms of the proposed sale.(d)Guardian. Minor's Estate- A petition by a guardian of a minor's estate to sell real property at public sale under the P.E.F. Code shall set forth in separate paragraphs: (1) the name, age, and domicile of the minor; the date of appointment of the guardian and the amount of the bond filed;(2) the total value of the personal estate and all of the real property, respectively, as shown in the inventory, if filed, otherwise the value of each as received by the guardian and how and from whom received;(3) a full description of the real property proposed to be sold, the improvements thereon, by whom occupied, and how title was acquired by the minor;(4) the name and relationship of the person with whom the minor lives;(5) where the proposed sale is of an undivided interest, whether the owners of the other undivided interests join in the proposed sale;(6) why the sale of the real property involved is necessary or desirable for the administration or distribution of the minor's estate and whether the proposed sale is for the best interest of the minors estate; (7) the lien and charges, if any, of record against the real property to be sold; and (8) the terms of the proposed sale.