Rule 5.13A - Public Sale of Inalienable Property Under 20 Pa.C.S. Section 8301 et seq(1) Contents of Petition. (a) Trustee. A petition to sell real property at public sale, under 20 Pa.C.S. § 8301 et seq. shall also set forth in separate paragraphs: (i) how title was acquired, stating the date and place of probate of the will or recording of the deed;(ii) a full description of the real property, its improvements, by whom it is occupied, its rental value, the current tax assessment, and the liens and charges to which it is subject;(iii) the interest of the petitioner, if a fiduciary, how and when such fiduciary was appointed; if other than a fiduciary, the name of the fiduciary, if any, and how and when such fiduciary was appointed;(iv) a recital of the history of the trust, and of the relevant provisions of the will or deed pertaining to the real property to be sold; the names of all parties and the nature and extent of their interests, stating which, if any, are minors or incapacitated persons, and giving the names and record of appointment of their guardians, if any; and the names of the next of kin and the age of any minors;(v) the limitations or defeasibility from which title is to be freed, following as closely as possible the language of 20 Pa.C.S. § 8301; and that the purpose of the proceeding is to obtain a decree stating that the title transferred to the purchaser shall be indefeasible by any person ascertained or unascertained, or by any class of persons mentioned in the petition or decree having a present or expectant interest in the premises, and unprejudiced by any error in the proceedings of the Court;(vi) sufficient facts to enable the Court to determine whether the proposed sale will be to the interest and advantage of the parties, and whether the said sale may be made without prejudice to any trust, charity, or purpose for which the real property is held, and without the violation of any law which may confer an immunity or exemption from sale or alienation; and(vii) the names of any parties who do not voluntarily appear.(b) Guardian. A petition by a guardian to sell real property at public sale, under 20 Pa.C.S. § 8301 et seq., shall also set forth in separate paragraphs: (i) that the petitioner was appointed guardian of the estate of the minor, stating the method, date and record of appointment; or, if the estate of the minor consists of an interest in real property of a value not exceeding the statutory limitation provided in 20 Pa.C.S. §§ 5101 and 5102, that the petitioner is the natural guardian, or the person by whom the minor is maintained, stating the relationship of the petitioner to the minor; (ii) the interest of the minor and a full description of the real property proposed to be sold; its improvements; by whom it is occupied; its rental value; the current tax assessment; and the liens and charges to which it is subject; (iii) whether title was acquired by will, descent or deed, the date of decedent's death, the date and place of probate of the will or recording of the deed with respect to the real property proposed to be sold; and if the interest of the minor is partial, the names of the other parties, the nature of their interest, that they desire the sale to be made, and are willing to join in the deed; (iv) the age of the minor; the names of his or her next of kin; and the notice given them of the filing of this petition; and (v) sufficient facts to enable the Court to determine that it would be in the interest of such minor that the real property be sold. (2) Exhibits. The following exhibits shall be attached to a petition by a fiduciary to sell real property at public sale, under 20 Pa.C.S. § 8301 et seq.:(a) a copy of the will, deed, trust agreement, decree or other relevant instrument by which the fiduciary was appointed; and(b) consents to the sale signed by those interested parties who consent thereto, and the notice which has been given to those parties who do not consent, or voluntarily appear as petitioners or respondents; if all parties having an interest do not voluntarily appear as petitioners or respondents, a citation will be granted, directed to all parties who have not appeared, as provided by 20 Pa.C.S. § 8304.(3) Notice. Security. The practice and procedure with respect to the entry of security and notice shall conform to the appropriate provisions of Rule 5.10A(1)(a)(v) and Rule 5.10A(5).Amended effective 1/6/2018; amended effective 6/1/2019.