Bucks Cnty. C.P. Rule 12.9A

Rule 12.9A General Rules Applicable to all Fiduciaries for all Petitions

Relating to the Public Sale, Excusing or Requiring Additional Security or

Other Disposition of Real Estate.

1. 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 the requirements of Pennsylvania

Orphans' Court Rule 12.9, shall also set forth in separate paragraphs, the following:

(a) the name or other designation of the estate; the date of death, whether the

decedent died testate or intestate, date of grant of letters, if a decedent's estate, or

testamentary trust, or the date and manner of creation, if another type of fiduciary

estate. If the petitioner be other than the fiduciary, include the particulars of the

fiduciary required herein, and set forth facts sufficient to satisfy the Court of the

propriety of entertaining the petition by a petitioner other than the fiduciary;

(b) set forth the reason why the personal representative is not otherwise authorized

to sell by the Probate, Estates and Fiduciaries 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 in which event state the reasons therefor and comply with

Bucks Rule 12.10B;

(c) the total value of the personal estate for which he is accountable, as shown in

the inventory filed and the inheritance tax appraisal made, if any, and also a

statement of the total proceeds of any real estate previously sold or otherwise

disposed of;

(d) if the fiduciary has been required to give bond or if additional security may be

required, waived or requested, a statement of the amount of the bond or bonds filed

by him if any, and the names of the sureties thereon;

(e) the names and relationships of all parties in interest; a brief description of the

respective interests; whether any of them are minors, incapacitated persons or

deceased, and if so the names of their fiduciaries, if any;

(f) the nature and amount of liens or other claims or charges which are not liens;

(g) whether or not there is any known objection by any party in interest to the grant

of relief requested;

(h) a full legal description of the subject real estate, together with a recital of the

title thereof sufficient to explain the nature and quantum of all interests therein

which will or may be affected by the relief requested.

(i) sufficient facts to enable the court to determine that the sale is desirable for the

proper administration and distribution of the estate;

(j) an appropriate request for relief, together with a form of order or decree in

2. Trustee.

When it is required that a trustee petition the Court to sell real property at public

sale, the petition, in addition to the requirements of Pennsylvania Orphans' Court

Rule 12.9, shall also set forth in separate paragraphs, the following:

(a) the name and capacity of the trustee; together with the date and manner of his

appointment; how title was acquired, stating the date and place of probate of the

will, schedule of distribution, 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 or of the history of the trust (references to specific paragraphs

or pages of the exhibit may be incorporated by reference rather than recite in detail

the appropriate section of the document).

(c) the names and relationships of all parties in interest; a brief description of their

respective interests; whether any of them are minors, incapacitated persons or

deceased and if so, the names of their fiduciaries, if any;

(d) the nature and amount of liens or other claims or charges which are not liens;

(e) whether or not there is any objection by any party in interest to the grant of

relief requested.

(f) a full legal description of the subject real estate, together with a recital of the

title thereof sufficient to explain the nature and quantum of all interests therein

which will or may be affected by the relief requested.

(g) the total value of the personal estate for which he is accountable as shown, for

example, in the inventory filed (by the will, deed, or schedule of distribution); a

statement of the total proceeds of any real estate previously sold or otherwise

disposed of;

(h) that the trustee is not authorized to sell under the Probate, Estates and

Fiduciaries 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 reasons; and

complying with Bucks County Rule 12.10B;

(i) sufficient facts to enable the Court to determine that the proposed sale is for the

best interest of the trust;

(j) an appropriate request for relief together with a form of order or decree in

3. Guardian.

When it is required that a guardian petition the Court to sell real property at public

sale, the petition, in addition to the requirements of Pennsylvania Orphans' Court

Rule 12.9, shall set forth in separate paragraphs the following:

(a) name, date, fiduciary designation and manner of appointment of the guardian. If

the petitioner not be the guardian, include the particulars relating to the guardian

mentioned above as to the propriety of the Court's entertaining the petition and the

granting of relief to the petitioner, rather than to the guardian;

(b) the age of the ward and date of birth;

(c) the names of his next of kin and that notice has been 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 Bucks Rule 12.9C

1, may be required as the Court shall by special order in each case designate, if

appropriate;

(d) how title was acquired, stating the date and place of probate of the will, the

schedule of distribution or recording of the deed; together with a recital of the

provisions of the will, schedule of distribution or deed relating to the real estate to

be sold;

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

property, whether any of them are minors, incapacitated persons or deceased and if

so, the names of their fiduciaries, if any;

(f) whether or not there is any objection by any party in interest to the grant of the

relief requested;

(g) a full legal description of the subject real estate, together with a recital of the

title thereof sufficient to explain the nature and quantum of all interests therein

which will or may be affected by the relief requested.

(h) that the guardian is not otherwise authorized to sell by the Probate, Estates and

Fiduciaries Code, or is denied the power by the instrument appointing him; or that

the sale has the effect of a judicial sale (thereby complying with Bucks Rule

12.10B);

(i) sufficient facts to enable the Court to determine that the proposed sale will be

for the best interest of the ward;

(j) an appropriate request for relief together with a form of order or decree in