Rule 12.9 - Public Sale Of Real PropertyPublic Sale of Real Property. Contents of Petition. Additional Requirements.
(A) Personal Representative. When it is required that a personal representative petition the Court to sell real property at public sale, the petition (in addition to requirements of Rule 12.9 ) shall set forth also in separate paragraphs. (1) the name, residence and date of death of the decedent, whether he died testate or intestate; and the date of the grant of letters;(2) that the personal representative is not otherwise authorized to sell by the Act; or 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, state and reasons;(3) whether an inventory and appraisement has been filed; the total value of the property to be sold was included therein;(4) if the personal representative entered bond with the Register, the name of the surety and the amount of such bond;(5) the names and relationships of all parties in interest, a brief description of their respective interests; whether any of them are minors, incompetents or deceased, and if so, the names of their fiduciaries, if any;(6) the improvements on the property, by who it is occupied, its rental value and current tax assessment; and(7) sufficient facts to enable the Court to determine that the sale is desirable for the proper administration and distribution of the estate.(B) Trustee. When it is required that a trustee petition the Court to sell real property at public sale, the petition (in addition to requirements of Rule 12.9 ) shall also 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, or a reference to the Trust instrument.(2) a recital of the relevant provisions of the Will, Trust, instrument of deed pertaining to the real property to be sold and of the history of the trust;(3) the names and relationships of all parties in interest; a brief description of their respective interests; whether any of them are minors, incompetents or deceased, and if so, the names of their fiduciaries, if any;(4) the improvements on the property, by whom it is occupied, its rental value and current tax assessment;(5) that the trustee is not otherwise authorized to sell by the Act, or is denied the power by the trust instrument, or that it is advisable that the sale have the effect of a judicial sale, stating the reasons; and(6) sufficient facts to enable the Court to determine that the proposed sale is for the best interests of the trust.(C) Guardian of a Minor. When it is required that a guardian petition the Court to sell real property at public sale, the petition (in addition to requirements of Rule 12.9 ) shall also set forth in separate paragraphs: (1) the age of the minor;(2) the names of his next of kin and the notice given to them of the presentation of the petition. When there are no known next of kin who are sui juris to whom notice may be given, public notice in accordance with Rule 12.1(A) (3) (b) (ii) must be given and proofs thereof must be attached to the petition as an exhibit;(3) how title was acquired, stating the date and place of probate of the will or recording of the deed;(4) a recital of the provisions of the will, deed or trust instrument relating to the real property to be sold;(5) the nature and extent of the interest of the minor, and of other persons in the real property;(6) the improvements on the property, by whom it is occupied, its rental value and current tax assessment; and(7) sufficient facts to enable the Court to determine that the proposed sale will be for the best interest of the minor.(D) Public Sale. Exhibits. The following exhibits shall be attached to be a petition by a personal representative, trustee or guardian to sell real property at public sale; (1) a copy of the will, deed, trust instrument or decree by which the fiduciary was appointed; and(2) any consents or joinders of parties in interest and the names and copy of the notice which has been given to these parties who do not consent or join; and(3) consent by any mortgage whose lien would otherwise not be discharged by the sale.(E) Public Sale of Real Property. Notice. Return.(1) Notice. After the allowance of a petition for public sale, public notice of the proposed sale shall be given as provided by Rule 12.1(A) (3) (b) (ii), and as far as possible, at least ten (10) days prior to notice of the time and place of the proposed sale shall be given to all parties in interest, by personal service or certified mail.(2) Return. Returns of public sale of real property for the purpose of approval or confirmation by the Court shall be in the form of an affidavit, which shall set forth: (a) the information required by Rule 5.1 and the advertisement made;(b) the price obtained; and(c) the name and address of the purchaser and that he was highest bidder. Public Sale. Security. On the return date of the sale, the Court, in the decree approving or confirming the sale, will fix the amount of bond or additional security which the personal representative, trustee or guardian shall be required to enter, or will excuse the fiduciary from entering additional security.