Rule 5.10A - Petitions for Leave to Sell Real Property at Public Sale Under 20 Pa.C.S. Sections 3353, 5155, 5521(b) and 7780.6(a)(1) Contents of Petition. (a) A petition by a personal representative shall set forth the following information: (i) the name, residence and date of death of the decedent; whether he died testate or intestate; and the date letters were granted to the petitioner; (ii) that the petitioner is not otherwise authorized by statute to sell; or is not authorized to do so by the will; or that it is desirable that the sale have the effect of a judicial sale, stating the reasons; (iii) the total value of the property set forth in the inventory and the date it was filed; (iv) the value at which the real property to be sold was included in the inventory; (v) if bond was entered, the name of the surety and the amount of such bond; (vi) the names and relationships of all interested parties; whether or not they are sui juris, and, if not, the names of their fiduciaries (if any) and a statement of how they were appointed; and whether or not they join in the petition or consent to the sale; (vii) the street address or other adequate description of the property to be sold, a brief description of the building erected upon the property, the current occupant of the property and the current tax assessment; (viii) a list of all liens of record known to the petitioner; and(ix) sufficient facts to enable the Court to determine that the sale is desirable for the proper administration and distribution of the estate. (b) A petition by a trustee shall set forth the following information: (i) how title was acquired, stating the date and place of probate of the will or recording of the deed to the trustee; (ii) a recital of the relevant provisions of the will, deed or trust agreement pertaining to the real property to be sold and a recital of the history of the trust; (iii) that the petitioner is not otherwise authorized to sell by statute or the will, deed, trust agreement or other relevant instrument; or that it is desirable that the sale have the effect of a judicial sale, stating the reasons; (iv) the total approximate current value of property held in trust; and(v) the same information as is required under subparagraphs (a)(v) through (ix) in a petition by a personal representative.(c) A petition by a guardian of a minor's estate shall set forth the following information: (i) the circumstances of the petitioner's appointment;(ii) the name, age and residence of the minor; the names of the minor's parents and whether either of them is deceased; (iii) how title was acquired;(iv) if an inventory was filed, the total value of the property set forth therein and the date it was filed, and the value at which the real property to be sold was included therein; (v) the total approximate current value of property held by the petitioner; (vi) a recital of the provisions of the will, deed, trust agreement or other relevant instrument relating to the real property to be sold; (vii) that the petitioner is not authorized to sell the real property; or that it is desirable that the sale have the effect of a judicial sale, stating the reasons; (viii) the nature and extent of the interest of the minor, of the petitioner and of third persons in the real property; (ix) sufficient information to enable the Court to find that the proposed sale is in the best interest of the minor; and (x) the same information as is required under subparagraphs (a)(v) through (ix) in a petition by a personal representative. (d) A petition by a guardian of an incapacitated person's estate shall set forth the following information: (i) the date of the petitioner's appointment and the name of the Hearing Judge; (ii) the domicile of the incapacitated person and the institution, if any, at which the incapacitated person is maintained; (iii) how title was acquired;(iv) the total value of the property set forth in the inventory and the date it was filed; (v) the value at which the real property to be sold was included in the inventory; (vi) the total approximate current value of property held by the petitioner; (vii) a statement of all claims of the incapacitated person's creditors known to the petitioner; (viii) sufficient information to enable the Court to find that the proposed sale is in the best interest of the incapacitated person; (ix) if the property to be sold is the incapacitated person's former residence, an averment that he is not likely to return to live in it; and(x) the same information as is required under subparagraphs (a)(v) through (ix) in a petition by a personal representative.(2) Exhibits. The following exhibits shall be attached to the petition:(a) a copy of the will, deed, trust agreement, decree or other relevant instrument by which the petitioner was appointed; and(b) consents to the sale signed by those interested parties who do not join in the petition, and the names of those parties who do not consent and a copy of the notice which has been given to them.(3) Notice of Petition for Public Sale. Any interested party who does not join in the petition or consent to the sale shall receive notice of the filing of the petition in accordance with Pa. O.C. Rule 3.5.(4) Decree. A proposed decree providing that the real property be offered for public sale and that a return of sale be electronically filed with the Court shall be attached to the face of the petition.(5) Notice of Public Sale. Notice and advertisement of the public sale of real property shall specify the time and place of the proposed sale, clearly identify the property by street address or other adequate description, and be given: (a) by advertisement in the legal publication, if any, designated by Rule of Court of that county for publication of notices, the publication to be made not less than twenty (20) days before the date of sale;(b) as ordered by the Court, by advertisement in a newspaper of general circulation in each county wherein any portion of the real estate is located;(c) by posting a notice at a conspicuous place on the premises; and(d) at least twenty (20) days prior to sale, by notice to each interested party by service on the attorney appearing of record for such party, or if there is no such attorney, by personal service or, if the party's residence is known, by delivery at such residence or by mail.(6) Post-Sale Return of Notice. The petitioner shall electronically file with the Court an affidavit which shall set forth:(b) The name and address of the purchaser and an averment that the purchaser was the highest bidder; and(c) Proof of notice given as required by Rule 5.10A(5), including dates of publication.Amended effective 1/6/2018; amended effective 6/1/2019.