Philadelphia Cnty. C.P. CP-Orphans' Division Rule 5.10A

Pa.C.S. §§ 3353, 5155, 5521(b) and 7780.6(a).

(1) Contents of Petition.

(a) A petition by a personal representative shall set forth the following

information:

(i) ) the name, residence and date of death of the decedent; whether

he died testate or intestate; and the date letters were granted to the

petitioner;

(ii) that the petitioner is not otherwise authorized by statute to sell;

or is not authorized to do so by the will; or that it is desirable that

the sale have the effect of a judicial sale, stating the reasons;

(iii) al value of the property set forth in the inventory and the date

it was filed;

(iv) value at which the real property to be sold was

included in the inventory;

(v) if bond was entered, the name of the surety and the amount of

such bond;

(vi) names and relationships of all interested parties; whether or not

they are sui juris, and, if not, the names of their fiduciaries (if any)

and a statement of how they were appointed; and whether or not

they join in the petition or consent to the sale;

(vii) the street address or other adequate description of the property

to be sold, a brief description of the building erected upon the

property, the current occupant of the property and the current tax

assessment;

(viii) of all liens of record known to the petitioner; and

(ix) ficient facts to enable the Court to determine that the sale is

desirable for the proper administration and distribution of the estate.

(b) A petition by a trustee shall set forth the following information:

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

of the will or recording of the deed to the trustee;

(ii) a recital of the relevant provisions of the will, deed or trust

agreement pertaining to the real property to be sold and a recital of

the history of the trust;

(iii) he petitioner is not otherwise authorized to sell by statute or

the will, deed, trust agreement or other relevant instrument; or

that it is desirable that the sale have the effect of a judicial sale,

stating the reasons;

(iv) tal approximate current value of property held in trust; and

(v) the same information as is required under subparagraphs (a)(v)

through (ix) in a petition by a personal representative.

(c) A petition by a guardian of a minor's estate shall set forth the following

information:

(i) ) the circumstances of the petitioner's appointment;

(ii) the name, age and residence of the minor; the names of the

minor's parents and whether either of them is deceased;

(iii) ow title was acquired;

(iv) if an inventory was filed, the total value of the property set forth

therein and the date it was filed, and the value at which the real

property to be sold was included therein;

(v) the total approximate current value of property held by the

petitioner;

(vi) of the provisions of the will, deed, trust agreement or other

relevant instrument relating to the real property to be sold;

(vii) that the petitioner is not authorized to sell the real property; or

that it is desirable that the sale have the effect of a judicial sale,

stating the reasons;

(viii) nature and extent of the interest of the minor, of the

petitioner and of third persons in the real property;

(ix) ficient information to enable the Court to find that the

proposed sale is in the best interest of the minor; and

(x) the same information as is required under subparagraphs (a)(v)

through (ix) in a petition by a personal representative.

(d) A petition by a guardian of an incapacitated person's estate shall set

forth the following information:

(i) ) the date of the petitioner's appointment and the name of

the Hearing Judge;

(ii) the domicile of the incapacitated person and the institution, if

any, at which the incapacitated person is maintained;

(iii) ow title was acquired;

(iv) tal value of the property set forth in the inventory and the date

it was filed;

(v) the value at which the real property to be sold was included in

the inventory;

(vi) tal approximate current value of property held by the

petitioner;

(vii) a statement of all claims of the incapacitated person's creditors

known to the petitioner;

(viii) ficient information to enable the Court to find that the

proposed sale is in the best interest of the incapacitated person;

(ix) if the property to be sold is the incapacitated person's former

residence, an averment that he is not likely to return to live in it; and

(x) the same information as is required under subparagraphs (a)(v)

through (ix) in a petition by a personal representative.

(2) Exhibits. The following exhibits shall be attached to the petition:

(a) a copy of the will, deed, trust agreement, decree or other relevant

instrument by which the petitioner was appointed; and

(b) consents to the sale signed by those interested parties who do not join

in the petition, and the names of those parties who do not consent and a

copy of the notice which has been given to them.

(3) Notice of Petition for Public Sale. Any interested party who does not join in the

petition or consent to the sale shall receive notice of the filing of the petition in

accordance with Pa. O.C. Rule 3.5.

(4) Decree. A proposed decree providing that the real property be offered for

public sale and that a return of sale be electronically filed with the Court shall be

attached to the face of the petition.

(5) Notice of Public Sale. Notice and advertisement of the public sale of real

property shall specify the time and place of the proposed sale, clearly identify the

property by street address or other adequate description, and be given:

(a) by advertisement in the legal publication, if any, designated by Rule of

Court of that county for publication of notices, the publication to be made

not less than twenty (20) days before the date of sale;

(b) as ordered by the Court, by advertisement in a newspaper of general

circulation in each county wherein any portion of the real estate is located;

(c) by posting a notice at a conspicuous place on the premises; and

(d) at least twenty (20) days prior to sale, by notice to each interested party

by service on the attorney appearing of record for such party, or if there is

no such attorney, by personal service or, if the party’s residence is known,

by delivery at such residence or by mail.

(6) Post-Sale Return of Notice. The petitioner shall electronically file with the

Court an affidavit which shall set forth:

(a) The price obtained;

(b) The name and address of the purchaser and an averment that the

purchaser was the highest bidder; and

(c) Proof of notice given as required by Rule 5.10A(5), including dates of

publication.