Berks Cnty. C.P. Orphans Rules Rule 5.10A

(a) All Petitions. All petitions to sell real property at public sale shall set forth the name, address,

and proposed compensation of the proposed auctioneer or other selling agent.

(b) 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 Pa. O.C. Rule 5.10)

shall also set forth in separate paragraphs:

(1) 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;

(2) that the personal representative is not otherwise authorized to sell by statute; 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 reason;

(3) 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;

(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 interested parties; a brief description of their respective

interests; whether any of them are unascertainable, minors, incapacitated or deceased, and if

so, the names of their fiduciaries or virtual representatives, if any;

(6) the improvements on the property, by whom it is occupied, its rental value, rents due and

payable, 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.

(c) 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 Pa. O.C. Rule 5.10) shall also set forth in separate

paragraphs:

(1) how title was acquired, stating the date and place of recording of the deed or other

instrument of conveyance;

(2) a recital of the relevant provisions of the deed, trust, will, or other instrument of

conveyance pertaining to the real property to be sold, and of the relevant history of the trust;

(3) the names and relationships of all interested parties; a brief description of their respective

interests; whether any of them are unascertainable, minors, incapacitated or deceased, and if

so, the names of their fiduciaries or virtual representatives, if any;

(4) the improvements on the property, by whom it is occupied, its rental value, rents due and

payable, and current tax assessment;

(5) that the trustee is not otherwise authorized to sell by statute, 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; and

(6) sufficient facts to enable the court to determine that the proposed sale is for the best

interest of the trust or its beneficiaries.

(d) Guardian. When it is required that a guardian of a minor or incapacitated person petition the

court to sell real property at public sale, the petition (in addition to requirements of Pa. O.C. Rule

5.10) shall also set forth in separate paragraphs:

(1) the age of the ward;

(2) the names and addresses of the ward’s next of kin and intestate heirs and the notice given

them of the filing of the petition;

(3) how title was acquired, stating the date and place of recording of the deed or other

instrument of conveyance;

(4) a recital of the relevant provisions of the deed, will, trust, or other instrument of

conveyance relating to the real property to be sold;

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

(6) the improvements on the property, by whom it is occupied, its rental value, rents due and

payable, 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 ward.

(e) Others. A petition for the sale of real property, other than by partition, filed by a person other

than a personal representative of a decedent’s estate, trustee, or guardian shall comply with such

of the above provisions as nearly resembles the circumstances necessitating the petition.