As amended through February 1, 2024
Rule 5.11C - Petition to Fix or Waive Additional Security, Personal Representative, Trustee(1)Form of Petition. In a 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 is required to give bond, he/she shall, before the proceeds of the sale are paid to the personal representative or trustee by the purchaser, present a petition to the Court setting forth: (a) The date of death of the decedent;(b) The date of the petitioner's appointment;(c) The amount of the bond(s) filed by the petitioner and the date of such filing and the name(s) of the petitioner's surety;(d) 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;(e) A short description of the real property sold, the name of the purchaser and the amount of the consideration to be paid;(f) A prayer for an order fixing the amount of additional security or for an order excusing the petitioner(s) from filing additional security, as the case may be; and(g) In those cases in which waiver of additional security is sought, the consent of the interested parties shall be attached and a statement as will justify the waiver of the additional security shall be included, and said statement shall include, but not be limited to, an averment that there are no creditors whose claims shall be jeopardized by the sale and that all taxes have been paid.(2)Surety on Additional Bond. The surety on any additional bond except for cause shown shall be the same as on the original bond.Chest. Cnty. Ct. Comm. Plea. R. 5.11C