As amended through February 1, 2024
Rule 5.10A - PUBLIC SALE OF REAL PROPERTY BY A PERSONAL REPRESENTATIVE(a) The petition shall set forth in separate paragraphs: (1) name, residence, and date of death of the decedent; whether he died testate or intestate; and the date of grant of letters;(2) that the personal representative is not otherwise authorized to sell by the P.E.F. Code, or that the personal representative is not authorized or is denied the power to do so by the Will; or that it is desirable that the sale have the effect of a judicial sale, stating the reasons;(3) the total value of the personal estate and all of the real property, respectively, as shown in the inventory filed, including the value at which the real property to be sold was included therein;(4) a full description of the real property to be sold, improvements thereon, by whom it is occupied and its rental value;(5) if the personal representative entered bond with the Clerk, the amount of such bond and the name of the surety;(6) the names of all interested parties, as heirs, devisees, legatees, or lienholders, who will be affected by the granting of the petition and the interest of each; whether any of them are minors, incapacitated persons, or deceased, and if so, the names and the record of the appointment of their fiduciaries;(7) the liens and charges, if any, of record against the property to be sold;(8) the terms of the proposed sale;(9) any additional facts which may aid the Court to determine that the sale is desirable for the proper administration and distribution of the estate.(b) If the petition is for the payment of debts, it shall set forth in separate paragraphs: (1) the information required to be set forth under subparagraph (a) of this rule, so far as appropriate;(2) a statement that the personal estate and the rents of real property are insufficient for payments of debts;(3) a statement of all real property owned by decedent, wherever situated, which is of the petitioner's knowledge; and(4) a just and true account of all debts of decedent which have come to petitioner's knowledge; and which, if any, of the debts not of record have had their liens preserved.Amended effective 3/1/2021; amended effective 1/1/2024.