Rule 12.9 - PUBLIC SALE OF REAL PROPERTYA. In addition to the requisites of Pa. O.C. Rule 12.9, a petition for the public sale of real property shall set forth, in separate paragraphs the following: (1) When it is required that a personal representative petition the Court to sell real estate property at public sale. (a) the name, residence at time of death and date of death of the decedent and whether he died testate or intestate;(b) the date of the grant of letters;(c) that the personal representative is not otherwise authorized by statute to sell the property or is not authorized or is denied the power to do so by the Will, or that the sale has the effect of a judicial sale stating the reasons therefore;(d) 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 shown therein;(e) if the personal representative entered bond with the -Clerk, the name of the surety and the amount of such bond;(f) the names and relationships of all parties in interest, whether any of them are minors, incompetents or estates of deceased, and if so, the names of their fiduciaries, if any, and a brief description of their interest in the property;(g) the improvements on the property, by whom it is occupied, if anyone, its rental value and its current tax assessment; and,(h) sufficient facts to enable the Court to determine that the sale is desirable for the proper administration and distribution of the estate.(2) When it is required that a trustee petition the Court to sell real property at public sale, (a) how title was acquired, if by Will or Deed by stating the date and place of probate of the Will or recording of the Deed, or, if this information is found in the trust instrument, by referring thereto;(b) a recital of the relevant provisions of the Will, Deed or trust instrument pertaining to the real property to be sold;(c) a recital of the history of the trust;(d) the names and relationships of all parties in interest, whether any of them are minors, incompetents or estates of deceased; and if so, the names of their fiduciaries, if any, and a brief description of the parties' interests in the property;(e) the improvements on the property, by whom it is occupied, if anyone, its rental value and its current tax assessment;(f) that the trustee is not otherwise authorized by statute to sell the property 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 therefore; and(g) sufficient facts to enable the Court to determine that the proposed sale is in the best interest of the trust.(3) When it is required that a guardian of a minor petition the Court to sell real property of the minor at a public sale, (a) the age of the minor;(b) the names of the next of kin;(c) that notice of the filing of the petition has been given to the next of kin or when there are no known next of kin, that public notice in accordance with Rule NOC-12.1D(2)(b) has been given and proofs thereof are attached to the petition as exhibits;(d) how title was acquired and, if appropriate, the date and place of the probating of the Will or recording of the Deed;(e) a recital or any relevant provisions of the Will, Deed or trust instrument relating to the real property;(f) the nature and extent of the interest of the minor, and of other persons in the real property;(g) the improvements on the property, by whom it is occupied, its current tax assessments; and(h) sufficient facts to enable the Court to determine that the proposed sale will be in the best interest of the minor. B. Exhibits The following exhibits shall be attached to a petition filed 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 through which the fiduciary was appointed;(2) Any consents or joinders of parties in interest and the names of parties who do not consent or join and proof that they have been given notice of the filing of the petition;(4) Consent of any mortgagee whose lien will not be discharged by the sale. C. Notice (1) After the allowance of a petition for public sale, public notice of the time and place of the proposed sale shall be given by advertisement once a week for three (3) successive weeks in the Northumberland County Legal Journal and in a newspaper of general circulation. Notice to all parties in interest of the allowance of said petition shall be given by personal service or certified mail at least ten (10) days prior to the scheduled date of sale.(2) A return filed for the purpose of approval of confirmation by the Court of the public sale of real property shall be in the form of an affidavit, which shall set forth:(a) the type of notice given to all parties;(b) the price obtained; and(c) the name and address of the purchaser and that he was the highest bidder.D. In the decree approving or confirming the sale, the Court will fix the amount of bond or additional security which the personal representative, trustee or guardian shall be required to post, or will excuse the fiduciary from entering additional security.