Westmoreland Cnty. C.P. Local Rules of Court RULE WO 14.10

A Petition for Sale of Assets shall be presented to the court in all situations where the

guardian intends to sell real or tangible personal property of an incapacitated person. Such

Petition for Sale of Assets shall contain, at minimum, the following averments of fact:

(a) A reference to the original date of the guardian’s appointment.

(b) Whether the guardian is bonded and, if so, for what amount.

(c) An itemized listing of the assets of the incapacitated person.

(d) An itemized listing of the income and expenses of the incapacitated person.

(e) The reason for the proposed sale and the proposed distribution of proceeds. If the

property is real estate, (i) whether the property is expensive to maintain; (ii)

whether the property is occupied and/or generating income; (iii) whether the

guardian needs the proceeds for the care of the incapacitated person.

(f) If the purpose for the proposed sale is the payment of debts, a listing of the names of

all creditors, and the amount due each.

(g) If the property is tangible personal property, one appraisal shall be attached. If the

property is real estate, the petition shall be accompanied by a valuation of two

appraisers not related to any of the parties, setting forth the fair market value of the

property claimed. The appraisers shall state their profession and shall certify that

by virtue of their profession, they are familiar with values of real estate in the

vicinity of the subject property.

(h) If the property is the incapacitated person’s residence,

(1) That the incapacitated person will not be returning to the property to live.

(Indicate where the incapacitated person is currently living, i.e., nursing

home, personal care home, etc.)

(2) If a private sale, that the price is greater than could be obtained at a public

sale. If not, or if the price is less than the appraisal, indicate whether a

commission is being charged.

(i) Notice of the presentation of the Petition for Sale of Assets shall be given to all next

of kin of the incapacitated person, whose written consents to the sale are not

attached.

(j) The proposed decree shall contain a provision regarding the posting of bond.

CROSS REFERENCES: See Rules 5.10 and 5.11 the Pa O.C. Rules regarding sales of property.

See the 1949 Official Comment to 20 Pa. C.S. § 5521, which discusses

20 Pa. C.S. §§ 5151 and 5155 and the concerns regarding the sale of

property.

xxi

xxii

Adopted February 1, 1996, effective May 1, 1996. Rule WO504 amended and renumbered, 2016, effective

2016. Rescinded and new rule adopted August 5, 2019.