Sch. Cnty. Pa. 5.9

As amended through February 1, 2024
Rule 5.9 - PARTITION
(a) Distribution of real property under Section 3534 of the P.E.F. Code, where at the time of distribution of the estate the personal representative or a distributee requests the Court to divide, partition, and allot the real estate or to direct a sale thereof, an interlocutory decree shall be entered fixing a day certain, not less than 20 days from the date of the interlocutory decree, for hearing; the interlocutory decree to be entered shall be in the form of a notice to all interested parties that on the day so fixed for hearing the Court will hear the objections of the interested parties with respect to:
(1) whether the real estate can be divided among less than all of the interested parties without prejudice to or spoiling the whole and if so, how;
(2) whether the Court should direct the personal representative to sell at a sale confined to the distributees or at a private or public sale not so confined.
(b) A copy of the interlocutory decree, duly certified, shall be served by certified or registered mail, by the personal representative, upon all interested parties, not less than 20 days before the return day fixed in the decree; proof of service of notice, in the form of return receipts, to be filed upon the return day.

Sch. Cnty. Pa. 5.9

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