Chest. Cnty. Ct. Comm. Plea. R. 5.10A

As amended through February 1, 2024

Rule 5.10A - Public Sale, Contents of Petition, Additional Requirements

(1)Personal Representative. A petition by a personal representative to sell real property at public sale, under the Code, shall also set forth in separate paragraphs:

(a) The name, residence, and date of death of the decedent, whether the decedent died testate or intestate, and the date of the grant of letters;

(b) That the personal representative is not otherwise authorized to sell by the Code 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, stating the reasons;

(c) Whether an inventory and appraisement has been filed, the total value of the property shown therein, and the value at which the real property to be sold was included therein;

(d) If the personal representative entered bond with the Register, the name of the surety and the amount of such bond;

(e) The names and relationships of all interested parties, a brief description of their respective interests, whether any of them are deceased, minors, or incapacitated persons, and if so, the names and the record of appointment of their fiduciaries;

(f) A full description of the real property to be sold, the improvements thereon, by whom it is occupied, its rental value and current tax assessment; and

(g) Sufficient facts to enable the Court to determine that the sale is desirable for the proper administration and distribution of the estate.

(2)Trustee. A petition by a trustee to sell real property at public sale, under the Code, shall also set forth in separate paragraphs:

(a) How title was acquired, stating the date and place of probate of the will or recording of the deed;

(b) A recital of the relevant provisions of the will or deed pertaining to the real property to be sold, and of the history of the trust;

(c) The names and relationships of all interested parties, a brief description of their respective interests, and whether any of them are deceased, minors, or incapacitated persons, and if so, the names and the record of the appointment of their fiduciaries;

(d) The improvements on the property, by whom it is occupied, its rental value and current tax assessment;

(e) That the trustee is not otherwise authorized to sell by the Code, 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 reason(s); and

(f) Sufficient facts to enable the Court to determine that the proposed sale is for the best interests of the trust.

(3)Guardian. A petition by a guardian to sell real property at public sale, under the Code, shall also set forth in separate paragraphs:

(a) The age of the ward;

(b) The names of the ward's next of kin and the notice given 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 the Pennsylvania Orphans' Court Rules and the Chester County Orphans' Court Rules must be given and proofs thereof must be attached to the petition as an exhibit;

(c) How title was acquired, stating the date and place of probate of the will or recording of the deed;

(d) A recital of the provisions of the will or deed relating to the real property to be sold;

(e) The nature and extent of the interest of the ward, and of other persons in the real property;

(f) The improvements on the property, by whom it is occupied, its rental value and current tax assessment; and

(g) Sufficient facts to enable the Court to determine that the proposed sale will be for the best interest of the ward.

Chest. Cnty. Ct. Comm. Plea. R. 5.10A