Philadelphia Cnty. C.P. CP-Orphans' Division Rule 5.13B

(1) Contents of Petition.

(a) Trustee. A petition by a trustee to sell real property at private sale,

under 20 Pa.C.S. § 8301 et seq., shall also set forth in separate

paragraphs:

(i) ) the information required under Rule 5.13A(1);

(ii) the name and address of the proposed purchaser, the price to

be paid; the terms of the proposed sale; and that the price offered

is better than can be obtained at a public sale; and

(iii) when the proposed sale is of an undivided interest, that the

other interested parties desire the sale to be made and are willing

to join in the deed.

(b) Guardian. A petition by a guardian to sell real property at private sale,

under 20 Pa.C.S. § 8301 et seq., shall also set forth in separate

paragraphs:

(i) ) the information required under Rule 5.13A(2); and

(ii) the name and address of the proposed purchaser, the price to

be paid, the terms of the proposed sale, and that the price offered

is better than can be obtained at a public sale.

(2) Exhibits. The following exhibits shall be attached to a petition by a fiduciary to

sell real property at private sale under 20 Pa.C.S. § 8301 et seq.:

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

instrument by which the fiduciary was appointed;

(b) a copy of the agreement of sale;

(c) affidavits by two real estate appraisers setting forth the information

required by Pa. O.C. Rule 5.10(b); and

(d) consents to the sale signed by those interested parties who consent

thereto and the notice which has been given to those parties who do not

consent, or voluntarily appear as petitioners or respondents; if all parties

having an interest do not voluntarily appear as petitioners or respondents,

a citation will be granted, directed to all parties who have not appeared, as

provided by 20 Pa.C.S. § 8304.

(3) Notice. Security. The Court, in the decree approving or confirming the sale,

will fix the amount of security which the fiduciary shall be required to enter. The

practice and procedure with respect to notice shall conform to the appropriate

provisions of Rule 5.11A.