Sch. Cnty. Pa. 5.13A

As amended through February 1, 2024
Rule 5.13A - INALIENABLE PROPERTY PUBLIC SALE BY A TRUSTEE OR PERSONAL REPRESENTATIVE
(a) The petition shall set forth in separate paragraphs:
(1) how title was acquired, stating the date and place of probate of the Will or recording of the deed;
(2) a full description of the real property, its improvements, by whom it is occupied, its rental value, and the liens and charges to which it is subject;
(3) the interest of the petitioner, if a fiduciary, how and when he was appointed; if other than a fiduciary, the name of the fiduciary, if any, and how and when such fiduciary was appointed;
(4) 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 interested 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;
(5) 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;
(6) sufficient facts to enable the Court to determine whether the proposed sale will be to the interest and advantage of the interested parties, and whether the proposed sale may be made without prejudice to any trust, charity, or purpose for which the real property is held, and without violation of any laws which may confer an immunity or exemption from sale or alienation;
(7) the names of any interested parties who do not voluntarily appear.
(b) Consents to the sale signed by interested parties shall be attached as exhibits.

Sch. Cnty. Pa. 5.13A

Amended effective 3/1/2021; amended effective 1/1/2024.