Montgo. Cnty. Pa. 5.10A

As amended through January 1, 2019
Rule 5.10A - Public Sale. Contents of Petition Additional Requirements
(a) When it is required that a personal representative, trustee or guardian petition the court to sell real property at public sale, the petition (in addition to requirements of Rule 5.10 ) shall also set forth in separate paragraphs:
1) With respect to a decedent's estate, the name, residence and date of death of the decedent; whether the decedent died testate or intestate; and the date of the grant of letters;
2) With respect to a minor's estate, the age of the minor;
3) With respect to a minor's estate or an incapacitated person's estate, the nature and extent of the interest of the ward, and of other persons in the real property;
4) With respect to property of an incapacitated person, the guardian shall include an averment whether the guardian knows or has reason to know of any objection of the ward to the sale of the real property, and shall describe the nature and circumstances of any such objection, whether stated before or after the adjudication of incapacity;
5) how title to the real property was acquired, stating the date and place of probate of the will or recording of the deed;
6) a recital of the relevant provisions of the will, trust or deed pertaining to the real property to be sold, and of the history of the trust;
7) that the fiduciary is not otherwise authorized to sell the real estate by the Act; or is not authorized or is denied the power to do so by the will or trust, or that it is desirable that the sale have the effect of a judicial sale, stating the reasons;
8) 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;
9) if the fiduciary entered bond, the name of the surety and the amount of such bond;
10) the names and relationships of all interested parties, including the next of kin of any minor or incapacitated person, 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; and the notice given to each such party in interest of the filing of the petition;
11) the improvements on the property, by whom it is occupied, its rental value and current tax assessment; and
12) sufficient facts to enable the court to determine that the sale is desirable for the proper administration and distribution of the estate.

Montgo. Cnty. Pa. 5.10A