As amended through December 18, 2021
Rule 5.13B - Private Sale of Inalienable Property Under 20 Pa.C.S. Section 8301 et seq(1) Contents of Petition. (a) Trustee. A petition by a trustee to sell real property at private sale, under 20 Pa.C.S. § 8301 et seq., shall also set forth in separate paragraphs: (i) the information required under Rule 5.13A(1);(ii) the name and address of the proposed purchaser, the price to be paid; the terms of the proposed sale; and that the price offered is better than can be obtained at a public sale; and (iii) when the proposed sale is of an undivided interest, that the other interested parties desire the sale to be made and are willing to join in the deed. (b) Guardian. A petition by a guardian to sell real property at private sale, under 20 Pa.C.S. § 8301 et seq., shall also set forth in separate paragraphs: (i) the information required under Rule 5.13A(2); and(ii) the name and address of the proposed purchaser, the price to be paid, the terms of the proposed sale, and that the price offered is better than can be obtained at a public sale.(2) Exhibits. The following exhibits shall be attached to a petition by a fiduciary to sell real property at private 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;(b) a copy of the agreement of sale;(c) affidavits by two real estate appraisers setting forth the information required by Pa. O.C. Rule 5.10(b); and(d) 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 Court, in the decree approving or confirming the sale, will fix the amount of security which the fiduciary shall be required to enter. The practice and procedure with respect to notice shall conform to the appropriate provisions of Rule 5.11A.Amended effective 1/6/2018; amended effective 6/1/2019.