York Cnty. C.P. Local Rules of Orphans' Court Procedure Rule 5.10.1

(A) Public Sale by Decedent’s Personal Representative. A petition by a decedent’s

personal representative to sell real property at public sale shall set forth:

(1) How title was acquired and reference to the document of acquisition;

(2) The name, residence, and date of death of the decedent, whether the

decedent died intestate or testate, and the date of the grant of letters;

(3) That the personal representative is not otherwise authorized to sell or is

denied the power to sell by will, or that it is desirable that the sale have the effect of a

judicial sale, and state the reasons therefor;

(4) If an inventory has been filed, the value of the real property shown in the

inventory or, if no inventory has been filed, the value of the property based upon an

independent appraisal;

(5) If the personal representative entered bond with the Register, the name of

the surety and the amount of the bond;

(6) The names and relationships of all parties in interest; a brief description of

their interests; whether any of them is a minor, an incapacitated person, or a decedent, and

if so, the name of any fiduciary and a reference to the record of his or her appointment as

well as the age of any minor and the names of his or her next of kin;

(7) A legal description of the real property to be sold, the improvements

thereof, by whom it is occupied, its rental value, if known, and its current tax assessment

and tax parcel number; and

(8) Sufficient facts to enable the Court to determine that the sale is desirable

for the proper administration and distribution of the estate.

(B) Public Sale by Trustee. A petition by trustee to sell real property at public sale

shall conform insofar as appropriate to the requirements for a petition under York O.C.

Rule 5.10.1 and shall set forth:

(1) A reference to the relevant provisions of the controlling instrument;

(2) That the trustee is not otherwise authorized to sell or is denied the power to

sell by the trust provisions, or that it is desirable that the sale have the effect of a judicial

sale, stating the reasons therefor; and

(3) Sufficient facts to enable the Court to determine that the sale is in the best

interests of the trust and its beneficiaries.

(C) Public Sale by Guardian. A petition by a guardian to sell real property at public

sale shall conform insofar as appropriate to the requirements for a petition under York O.C.

Rule 5.10.1 and shall set forth:

(1) The age of the minor or the date of adjudication of incapacity;

(2) The names of the nest of kin of the minor or incapacitated person, and the

notice given to them of the presentation of the petition;

(3) The nature and the extent of the interests of the minor or incapacitated

person and of any others in the real property; and

(4) Sufficient facts to enable the Court to determine that the sale is in the best

interests of the minor or the incapacitated person.

(D) Exhibits to Petition. The following exhibits shall be attached to a petition by a

personal representative, trustee or guardian, to sell property at public sale:

(1) A copy of the will, trust, or decree by which the fiduciary was appointed;

(2) All consents or joinders of parties in interest, and the names of, and a copy

of the notice which has been given to, those parties who do not consent or join; and

(3) Consent by any mortgagee whose lien would otherwise not be discharged

by the sale.

(E) Notice and Confirmation of Public Sale: Additional Security. After allowance of

the petition, notice of the date, time, and place of the sale shall be given to all parties in

interest.

(F) Affidavit of Return. Returns of public sale of real property for the purpose of

approval or confirmation by the Court shall be by affidavit setting forth:

(1) The notice given;

(2) The price obtained; and

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

purchaser was the highest bidder.

(G) Notice. Notice of the filing of the return of the public sale shall be given to all

parties in interest. If no objections are filed within 10 days of the giving of the notice, the

Court may enter a decree confirming the sale and fixing or excusing the entering of

additional security, if required.