Del. Ch. Ct. R. 113

(a) Appointment of Appraiser. When a guardian of

the property makes an application to the Court to sell real

estate, the guardian shall first file a motion to appoint an

appraiser pursuant to 12 Del. C. § 3951(c). The motion

shall be accompanied by a proposed order for the

appointment of an appraiser by the Court. The appraiser

appointed shall be appointed by the Court and shall be

independent of the parties and disinterested in the

transaction. The appraiser so appointed shall provide the

appraisal report to the guardian or trustee within thirty

(30) days of the appointment.

(b) Petition to Sell Real Estate.

(1) The guardian shall be authorized to market the

real estate of the person with a disability for a price

equal to or in excess of the appraised value, with the

final terms of sale subject to further order of the Court.

Thereafter, after obtaining a written contract offer for

sale of the real estate, the guardian shall submit a

petition to the Court providing a copy of the proposed

contract, a copy of the appraisal by the Court appointed

appraiser, and any other relevant information

regarding the proposed sale. If the guardian seeks to

sell the real estate for less than the appraised value, the

guardian’s petition shall be accompanied by an affidavit

explaining why such sale is in the best interests of the

person with a disability, including information

regarding the carrying costs of the property, whether

the property is vacant, how the property was advertised

and marketed, how long the property was marketed, the

number of showings and offers received, and whether

the proposed sale is an arms-length transaction.

(2) Notice of the petition shall be sent to interested

parties identified in the petition to appoint a guardian

and to the Office of the Attorney General as counsel for

Medicaid in the case of any person with a disability who

is approved for and receiving Medicaid benefits at the

time of the petition. Persons receiving notice shall be

required to file any objection within twenty days of the

date of such notice. If no objection is filed within the

required time period, the Court may, in its discretion,

set the matter down for a hearing or consider the

proposed sale based on the documents submitted. In

considering the petition, the Court shall consider the

provisions of 12 Del. C. § 3951 and may approve the

sale of the real estate for such price as it finds to be fair

and reasonable and in the best interest of the person

with a disability.