Rule 5.11 - PRIVATE SALE OF REAL PROPERTY(a) A petition of a fiduciary to sell real property at private sale shall also conform as closely as practicable to the requirements of Sch. Co. O.C. Rule 5.10 with regard to a petition to sell real property at public sale by the same fiduciary and shall also be supported by the affidavits required under Pa. O.C. 5.11.(b) Any proposed private sale under Order of Court shall be given by advertisement one time in at least one newspaper of general circulation published in the County of Schuylkill and in the legal publication designated by these rules; unless excused by Order of Court, notice shall also be given by personal service or registered mail to the last known address of all non-joining interested parties and shall be in the following form: COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY ORPHANS' COURT DIVISION
PRIVATE SALE OF REAL ESTATE
In the matter of the Estate of, (deceased - a minor - an incapacitated person). To the heirs, legatees, devisees, next of kin, and all other interested parties in said estate:
Notice is hereby given that __________________________ (personal representative - trustee - guardian) has filed in the office of the Clerk of the said Court his petition praying for an order of sale of the real estate of said (decedent - minor - incapacitated person) situate at private sale to _________________________ for the sum of $________________ for the purposes in the petition set forth. If no objections are made to granting the same, the Court will be asked to take action upon the petition on the ______ day of _____________, 20__, at _________ a.m., at the Schuylkill County Courthouse,
Pottsville, Pennsylvania.
__________________________
Attorney for Petitioner
(c) Any person desiring to make a substantially higher offer for real property offered at private sale may do so at the time the petition is presented for confirmation of the proposed sale, whereupon the Court will make such order as it deems advisable under the circumstances. If no objections are made, or substantially higher offer presented, the Court may enter a decree:(1) fixing the amount of security or additional security which the personal representative, trustee, or guardian shall be required to enter or excusing the fiduciary from entering additional security;(2) confirming the sale absolutely effective immediately or as of the time the required security or additional security, if any, is approved and filed.Amended effective 3/1/2021; amended effective 1/1/2024.