Rule 5.16C - Petitions to Fix or Waive Additional Security under 20 Pa.C.S. Sections 3351 and 7780.6(a)(1) Contents of Petition. (a) In a sale, whether public or private, of real property without benefit of an order of Court directing or authorizing such sale, where a personal representative or trustee was required to give a bond, a petition by a personal representative or trustee shall set forth the following information: (i) the name, residence and date of death of the decedent; whether the decedent died testate or intestate; and the date letters were granted to the petitioner; (ii) the total value of all assets set forth in the inventory;(iii) the value at which the real property to be sold was included in the inventory; (iv) if bond was entered, the name of the surety and the amount of such bond; (v) the street address or other adequate description of the property to be sold; a brief description of the building erected on the property; the current occupant of the property; and the current tax assessment; (vi) the name and address of the purchaser and a brief recital of the terms of the sale; (vii) the estimated net proceeds which petitioner will receive at the time of settlement; (viii) a list of all liens of record known to petitioner;(ix) the names and relationships of all interested parties; whether or not they are sui juris, and, if not, the names of their fiduciaries and a statement of how they were appointed; and whether or not they join in the petition or consent to the sale; and (x) 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;(ii) a recital of the relevant provisions of the will, trust agreement, deed or other relevant instrument pertaining to the real property to be sold; (iii) the estimated value of all assets currently held in trust; and(iv) the same information required under paragraph (a)(iv) through (x) in a petition by a personal representative. (2) Notice. Any interested party who does not join in the petition or consent to the sale shall receive notice of the terms of sale and of the filing of the petition in accordance with Pa. O.C. Rule 3.5.(3) Exhibits. Attached to the petition shall be the following: (a) a copy of the will, trust agreement, deed, or other relevant instrument;(b) a copy of the agreement of sale;(c) a schedule setting forth the computation of the estimated net proceeds which petitioner will receive at the time of settlement, including an itemized list of estimated closing expenses; and(d) consents to the sale signed by those interested parties who do not join in the petition, and the names and addresses of those parties who do not consent and a copy of the notice which has been given to them.(4) Appraisals. No appraisal shall be required where counsel for petitioner certifies that: (a) in counsel's opinion the estate is solvent; and(b) counsel knows of no objection to the sale by an interested party. In the absence of such certification, an appraisal by a qualified appraiser shall be presented with the petition. The Court may order the appointment of an appraiser in any case where it deems it appropriate or necessary for the disposition of the petition.(5) Decree. A proposed decree shall be attached to the face of the petition. In the decree the Court shall fix the amount of security which the petitioner shall be required to enter, or excuse the petitioner from entering additional security. The corporate surety shall be the same as on the original bond, unless the Court directs otherwise.(6) Specific Petitions. (a) Petition by a Personal Representative or a Trustee: When a personal representative or trustee is required to petition the Court to have additional security fixed or waived under Rule 5.16C, the sale must meet with Court approval; otherwise personal representatives and trustees have statutory authority to sell real property without Court approval unless a specific devisee of the real property refused to join in the sale, the personal representative or trustee wishes to bid on the property, or the governing instrument denies the power to sell. See 20 Pa.C.S. §§ 3351, 3353, 3356 and 7780.6(a).(b) Petition by a Guardian of a Minor's Estate: A guardian of a minor's estate may be appointed by order of Court, by will in accordance with 20 Pa.C.S. § 2519(b), or by instrument of conveyance in accordance with 20 Pa.C.S. § 5115. A Court appointed guardian does not have the power to sell real property without Court approval. See 20 Pa.C.S. § 5155. A will or instrument of conveyance appointing a guardian may give the guardian power to sell without Court approval. See 20 Pa.C.S. § 5146(a).(c) Petition by a Guardian of an Incapacitated Person's Estate: A guardian of an incapacitated person's estate does not have the power to sell real estate without Court approval.(d) With respect to petitions to sell real property under the Inalienable Property Act, See 20 Pa.C.S. § 8301 et seq. See Rules 5.13A to 5.13D.(e) The procedure and the information required for a petition for the private sale of real property to pay debts of a decedent shall conform, as nearly as practicable, to the procedure and information required of a petition presented under Rule 5.11A.Amended effective 1/6/2018; amended effective 6/1/2019.