Rule 12.1A. Family Exemption. Appraisal.

(b) Where the exemption is claimed from personal property forming part of a Small Estate and no inventory has been filed, the value of each item claimed shall be the fair value thereof.

(c) Unless otherwise directed by the Court, no appraisal shall be required if the exemption is claimed;

(1) in money;

(2) from personal property and the gross value of the estate does not exceed the amount of the exemption;

(3) in real or personal property at valuations agreed upon by all parties in interest.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.1B. Family Exemption. Allowance.

(1) Personal Property. If the petitioner requests the exemption prior to Audit, the petitioner shall file a petition with the Clerk and thereupon shall give ten (10) days written notice of intention to request the exemption on a stated Citation Returnable date to the personal representative, if any, and to all persons adversely affected thereby who do not join in the prayer of the petition. In the absence of any objection, on presentation of a verified return of notice on the stated citation returnable date, an appropriate decree may be entered. Where all parties adversely affected have joined in the prayer of the petition and ten days prior notice of the filing of the petition has been given to the personal representative, if any, the petitioner may present the petition to the Court on a citation returnable date, whereupon, in the absence of objections and on presentation of a verified return of notice upon the personal representative, an appropriate decree may be entered.

(2) Real Property. If the Petitioner requests the exemption prior to the Audit, the appraisers shall, within thirty (30) days after their appointment, file with the Clerk an appraisal of the property claimed, and written notice of such riling shall be given to the personal representative and to the next of kin, or, if there be neither personal representative nor next of kin, to the Attorney General. The notice shall contain a copy of the petition and the appraisal, and a statement that confirmation of the appraisal and the setting apart of the real estate to the petitioner will be requested and may be allowed by the Court at a stated Citation Returnable date, of which not less than ten (10) days notice is given therein, unless objections are filed. If the address or whereabouts of any of the next of kin is unknown, notice shall be given in such manner as the Court may direct.

(b) At Audit. The petition for Family Exemption may be filed with the Clerk at any time prior to the Audit in order that the demand may be a matter of record or the request may be presented at the audit. The auditing Judge may require that the property claimed be appraised or that notice be given in such manner as he shall direct.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.1C. Family Exemption. Risk Distribution Prior to Audit.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.2A. Allowance to Surviving Spouse of Intestate. Appraisal.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.3A. Election of Surviving Spouse. Filing of Petition for Extension of Time.

(2) The petitioner shall file the petition with the Clerk and thereafter give ten (10) days written notice of intention to request the extension at a stated citation returnable day to all persons adversely affected thereby who do not join the prayer of the petition.

(3) In the absence of objection, on the presentation of an appropriate motion and verified return of notice at the citation returnable day designated in the petition, an appropriate decree may be entered.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.5A. Appointment of Guardian for Minor. Consents Required.

(b)(i) Consent of Guardian. Individual. When the proposed guardian is an individual, his written consent to act as such shall contain the following:

(1) his business, and domicile;

(2) a statement that he is a citizen of the United States, able to speak, read, and write the English language; and

(3) a statement that he is not the fiduciary or an officer or employee of the corporate fiduciary of an estate in which the minor has an interest nor the surety or an officer or an employee of the corporate surety of such a fiduciary; and

(4) a statement that he has no interest adverse to the minor.

(b)(ii) Consent of Guardian. Corporate. When the proposed guardian is a corporation authorized to act as fiduciary, its written consent to act as such shall contain a statement that it is not the fiduciary of an estate in which the minor has an interest nor the surety of such a fiduciary and that it has no interest adverse to the minor.

(c) Consent of Minor. If the minor is fourteen and over, he shall make his selection of a Guardian by Consent and Joinder conforming to Rule 3.4B.

Note: the foregoing rules relating to the appointment of a guardian of a minor's estate are subject to the powers given to persons to appoint a guardian by Will, by inter vivos trust agreement, etc. (See section 2519 of the P.E.F. Code.)

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.5B. Guardians. Minors. Bond. Restricted Account.

(b)(1) In lieu of the entry of security, an individual guardian may be authorized to

(i) deposit the funds comprising the minor's estate in an insured interest-bearing account; or

(ii) invest in a building and loan association or Federal savings and loan association

subject to the express restriction, to be noted on the records of the institution, NOT TO BE WITHDRAWN UNTIL SAID MINOR REACHES THE AGE OF EIGHTEEN (18), OR UPON FURTHER ORDER OF THIS COURT, and with a further requirement that counsel shall file of record proof of this deposit of funds into the restricted account with the Clerk within thirty (30) days of the order.

(2) Whenever an individual guardian has been appointed, the Court will, except in special circumstances, require a bond with corporate surety authorized to do business in Pennsylvania and approved by the Court to act as surety on bonds. All such bonds shall be approved by the Court before filing.

(c) Minor reaching majority. No prior withdrawals. The decree of the Court may contain a further provision that if no withdrawals are made from the account prior to the minor reaching his majority, the institution may pay over the funds when the minor attains age eighteen (18) years, upon the joint requests of the guardian and the former minor without further Order of the Court.

(d) Minor reaching majority. Prior withdrawals. If, upon subsequent Order of Court, withdrawals have been made from the account, the guardian shall file a petition for his discharge upon the minor's attaining age eighteen (18). There shall be attached to the petition:

(1) a statement in the nature of an account which shall conform to the requirements of Sch.Co.O.C. Rule 6.9C(1) and (4); and

(2) an affidavit by the guardian setting forth that he has received no additional assets belonging to the minor, and that all claims of which he has notice have been paid.

(e) Additional Assets. When the guardian has received assets in addition to the deposit or investment made in accordance with this rule, he shall account as if the restricted account did not form part of his estate.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.5D. Minor's Estate Not Exceeding Statutory Limitation.

(1) authorize payment or delivery to the minor, or the parent or other person maintaining the minor;

(2) direct the deposit of the money in a restricted account, in the name of the natural guardian of the minor, or of the minor himself; or

(3) make such provision for the retention or deposit of securities or other assets, as the Court shall deem in the best interests of the minor.

(b) Mortgage or Sale of Real Property. If the entire estate of a minor does not exceed the statutory limitation as defined in Section 3531 of the P.E.F. Code, the Court, upon petition, may authorize the parent or other person maintaining the minor to convey or mortgage any real property forming a part or all of such estate without the appointment of a guardian or the entry of security. The petition shall be in compliance with Sch.Co.O.C. Rule 12.9A(5) and 12.11A governing the sale or mortgage of real property by a guardian. The Order of Court may be conditioned upon the deposit of the proceeds of the sale or mortgage in a restricted account.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.5E. Compromise, Settlement, Discontinuance and Distribution. Minors.

(b) The Court may approve the petition without requiring the appearance of the minor, his guardian, or his doctor, provided the Court concludes that the information contained in the petition is sufficient to satisfy that the proposed settlement adequately compensates the minor and his guardian for the injuries sustained and expenses incurred and if the petition is accompanied by:

(1) a written report of a physician as to the extent of the minors injuries and whether such injuries have fully resolved;

(2) a statement under oath by the guardian certifying

(i) the present physical or mental condition of the minor, and

(ii) approval of the proposed settlement and distribution thereof;

(3) a statement by counsel certifying

(i) the fee charged, detailing any fee in excess of 25%, and

(ii) stating counsel's professional opinion of the probabilities of proof of the case and the reason why the Settlement is proper and in the best interest of the minor;

(4) a statement under oath by a minor age sixteen (16) years or over, certifying his or her approval of the proposed settlement and distribution; and

(5) the written consent and joinder of each interested party.

(c) Every petition filed under this rule shall include an Order setting forth a proposed distribution and shall state whether such distribution is to be made to the Guardian of the Estate or to a restricted account until such time as the minor reaches majority.

[Amended March 13, 1995, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 466 (2/3/96).]

Rule 12.5F. Minor's Estate. Allowances. Approval of Court.

(2) Mandatory Approval by the Court. Except as provided in subparagraph (a)(1) of this rule, no payments shall be made by the guardian of the estate, unless approval by the Court is first obtained, when payment is to be made from principal, or, when special services have been performed by counsel and the guardian is in doubt as to the reasonableness of the fee.

(b) Contents of Petition. Allowances for Maintenance, Support, or Education. A petition for an allowance from a minor's estate, for the maintenance, support, or education of the minor, his spouse or children, shall be presented by the guardian of the estate and shall set forth:

(1) the manner of the guardians appointment and the date thereof; and, where appropriate, the terms of the instrument creating the estate;

(2) the age and residence of the minor; whether his parents are living; the name of the person with whom he resides; and, if married, the name and age of his spouse and children;

(3) the value of the minor's estate, real and personal, and the net annual income;

(4) the circumstances of the minor, whether employed or attending school; if the minor's parents are living, the reason why the parents cannot support and educate the minor without resorting to the minor's estate;

(5) the date and amount of any previous allowances by the Court;

(6) a recommendation to the Court of the amount of the allowance the petitioner believes should be decreed; and

(7) if the petition is presented by someone other than the guardian of the estate, that demand was made upon the guardian to act, and the reason, if any, given by him for his failure to do so.

(c) Contents of Petition. Joinder. Attached to the petition shall be the joinder of the minor, if over fourteen years of age, and of the parents or surviving parent; or, if both parents are deceased, the joinder of the adult person with whom the minor resides, or the superintendent or other official in charge of the institution having custody of the minor.

(d) Allowance for More than One Minor. A single petition may be used for an order of allowance for care, maintenance and education of more than one minor or for funeral expenses of a deceased child, spouse, or indigent parent where the minors are members of the same family, have the same guardian, and substantially the same reasons in support of the petition apply to all of the minors.

(e) Whenever a sequestered deposit has been created for the benefit of a minor, whether or not a guardian has been named, allowances therefrom may be upon petition of anyone interested in the welfare of the minor. Such a petition shall conform as nearly as may be to the requirements of these rules and shall, in addition, set forth the interest of the petitioner in the matter.

[Amended April 10, 1995, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 465 (2/3/96). Similar in content to prior Rule 12.5E.]

Rule 12.5G. Minor's Estate. Funeral Expenses.

[Adopted April 10, 1995, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 465 (2/3/96). Similar in content to prior Rule 12.5F.]

Rule 12.6A. Appointment of Trustee. Exhibit.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.7A. Discharge of Fiduciary.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.7B. Discharge of Guardian Prior to Ward Attaining Age 18.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.9A. Public Sale of Real Property. Contents of Petition.

(i) name, residence, and date of death of the decedent; whether he died testate or intestate; and the date of grant of letters;

(ii) that the personal representative is not otherwise authorized to sell by the P.E.F. Code, or that the personal representative 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, stating the reasons;

(iii) the total value of the personal estate and all of the real property, respectively, as shown in the inventory filed, including the value at which the real property to be sold was included therein;

(iv) a full description of the real property to be sold, improvements thereon, by whom it is occupied and its rental value;

(v) if the personal representative entered bond with the Clerk, the amount of such bond and the name of the surety;

(vi) the names of all parties in interest, as heirs, devisees, legatees, or lienholders, who will be affected by the granting of the petition and the interest of each; whether any of them are minors, incompetents/incapacitated persons, or deceased, and if so, the names and the record of the appointment of their fiduciaries;

(vii) the liens and charges, if any, of record against the property to be sold;

(viii) the terms of the proposed sale; and

(ix) any additional facts which may aid the Court to determine that the sale is desirable for the proper administration and distribution of the estate.

(2) Personal Representative. Payment of Debts. A petition by a personal representative to sell real property at public sale for the payment of debts under the P.E.F. Code, shall set forth in separate paragraphs:

(i) the information required to be set forth under subparagraph (a)(1) of this rule, so far as appropriate;

(ii) a statement that the personal estate and the rents of real property are insufficient for payments of debts;

(iii) a statement of all real property owned by decedent, wherever situated, which has come to the petitioner's knowledge; and

(iv) a just and true account of all debts of decedent which have come to petitioner's knowledge; and which, if any, of the debts not of record have had their liens preserved.

(b) Trustee. A petition by a trustee to sell real property at public sale under the P.E.F. Code shall set forth, in separate paragraphs:

(1) a statement, in substance, of the provisions of the instrument creating the trust, particularly the powers, if any, therein given to the trustee in respect of real property;

(2) a copy of the instrument creating the trust, in the form of an exhibit;

(3) the total value of the personal property and the real property, respectively, forming the corpus of the trust;

(4) the amount of the bond, if any, filed;

(5) the names of all parties interested as beneficiaries, including life tenants and remaindermen, who will be affected by the granting of the petition, whether any of them are minors, incompetents/incapacitated persons, or deceased, and if so, the names and the record of appointment of their fiduciaries;

(6) a full description of the real property proposed to be sold, the improvements thereon, by whom it is occupied, and the rental value thereof;

(7) the reason the sale of the real property involved is necessary or desirable for the proper administration of the trust estate;

(8) the liens and charges, if any, of record against the real property to be sold;

(9) that the trustee is not otherwise authorized to sell by the P.E.F. 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 reason; and

(10) the terms of the proposed sale.

(c) Guardian. Incompetent's/Incapacitated Person's Estate. A petition by a guardian of an incompetent's/incapacitated persons estate to sell real property at public sale under the P.E.F. Code shall set forth in separate paragraphs:

(1) the name, age, marital status and domicile of the incompetent/incapacitated person; the date of appointment of the guardian and by what Court; and the amount of bond filed;

(2) the total value of the personal estate and all of the real property, respectively, as shown in the inventory filed;

(3) a full description of the real property proposed to be sold, the improvements thereon, by whom occupied, and the rental value thereof;

(4) the names of the parties in interest as next of kin;

(5) why the sale of the real property involved is necessary or desirable for the administration of the incompetent's/incapacitated person's estate;

(6) the liens and charges, if any, of record against the property to be sold; and

(7) the terms of the proposed sale.

(d) Guardian. Minor's Estate. A petition by a guardian of a minor's estate to sell real property at public sale under the P.E.F. Code shall set forth in separate paragraphs:

(1) the name, age, and domicile of the minor; the date of appointment of the guardian and the amount of the bond filed;

(2) the total value of the personal estate and all of the real property, respectively, as shown in the inventory, if filed, otherwise the value of each as received by the guardian and how and from whom received;

(3) a full description of the real property proposed to be sold, the improvements thereon, by whom occupied, the rental value thereof and how title was acquired by the minor;

(4) the name and relationship of the person with whom the minor lives;

(5) where the proposed sale is of an undivided interest, whether the owners of the other undivided interests join in the proposed sale;

(6) why the sale of the real property involved is necessary or desirable for the administration or distribution of the minor's estate and whether the proposed sale is for the best interest of the minor's estate;

(7) the liens and charges, if any, of record against the real property to be sold; and

(8) the terms of the proposed sale.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.9B. Notice of Public Sale of Real Property.

Court shall be given by advertisement one (1) time in at least one newspaper of general circulation published in the County of Schuylkill and in the legal publication designated by these rules, and shall be placed under a general heading as follows:

                  COURT OF COMMON PLEAS OF
                      SCHUYLKILL COUNTY
                   ORPHANS' COURT DIVISION
                 PUBLIC SALE OF REAL ESTATE

  In pursuance of an Order of the Orphans' Court Division
  aforesaid, the real estate indicated below will be offered
  for sale at the time and place stated.  The terms and
  conditions of sale are of record in the office of the Clerk
  of the Orphans' Court at the Schuylkill County Courthouse,
  Pottsville, Pennsylvania, where they may be examined by the
  parties interested.

(b) The advertisement shall give the name of the decedent, trust beneficiary, minor, or incompetent/incapacitated person, the municipality in which he resided, the place in which lies the real estate to be offered for sale, an abridged description of the real estate (including, where possible, the street and house number, and block and lot number), the improvements thereon erected, the place, date, and time of sale, the name and title of the personal representative directed to make the sale, and the name of the attorney representing the fiduciary.

(c) At least ten (10) days written notice shall be given to all non-joining parties interested (1) as heirs, devisees, legatees, or lien holders, where the property to be sold is that of a decedent's estate; or (2) as the next of kin, where the property to be sold is that of an incompetent/incapacitated person; or (3) as beneficiaries, including life tenant and remaindermen, of the trust estate where the sale is to be by a trustee; or (4) as the parents or other person maintaining the minor where the property to be sold is that of a minor.

The written notice herein provided for shall be by personal service or by registered mail to the last known address of the person to he notified.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.9C. Public Sale of Real Property. Return Of Sale.

(a) proofs of publication of the notice required by Sch.Co.O.C. Rule 12.9B(a);

(b) when and to whom written notice was given under Sch.Co.O.C. Rule 12.9B(c); and

(c) the name of the purchaser and the purchase price.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.9D. Public Sale of Real Property. Decree.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.10A. Private Sale of Real Property.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.10B. Private Sale of Real Property. Public Notice of Sale. Form of Notice.

                  COURT OF COMMON PLEAS OF
                      SCHUYLKILL COUNTY
                   ORPHANS' COURT DIVISION
                 PRIVATE SALE OF REAL ESTATE

    In the matter of the Estate of {1}(deceased-a minor-an
  incompetent/incapacitated person).  To the heirs, legatees,
  devisees, next of kin, and all other persons interested in
  said estate:

    Notice is hereby given that ____________________________
  ________________________________________________ (personal
  representative-trustee-guardian) has filed in the office
  of the Clerk of the said Court his petition praying for an
  order of sale of the real estate of said (decedent-minor-
  incompetent/incapacitated person) situate ________________
  __________________________________________________________
  at private sale to __________________________ for the sum
  of $___________ for the purposes in the petition set forth.
  If no exceptions are filed thereto or objections are made
  to granting the same, the Court will be asked to take
  action upon the petition on the __________ day of ________,
  19___, at __ a.m.,{2} at the Schuylkill County Courthouse,
  Pottsville, Pennsylvania.

                                   _________________________
                                   Attorney for Petitioner

[Editor's Notes:
  {1} As published. Probably intended to include the name of the estate.
  {2} As published. Probably intended "___.m.", meaning either a.m. or p.m.]

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.10C. Private Sale. of Real Property. Higher Offer.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.10D. Confirmation of Sale.

(1) fixing the amount of security or additional security which the personal representative, trustee, or guardian shall be required to enter or excusing the fiduciary from entering additional security; and

(2) confirming the sale absolutely effective immediately or as of the time the required security or additional security, if any, is approved and filed.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.10E. Sale By Fiduciary Without Court Order.

(a) the date of death of the decedent;

(b) the date of grant of letters to the petitioner;

(c) the amount of the bond filed by him and the date of such filing;

(d) the date of filing of the inventory and the total valuation of the personal estate and the real estate, respectively;

(e) a short description of the real property sold, the name of the purchaser, and the amount of the consideration to be paid; and

(f) a prayer for an order fixing the amount of additional security to be entered or for an order excusing him from filing additional security, as the case may be, and authorizing the fiduciary to receive the proceeds of sale.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.11A. Mortgage of Real Property.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.11B. Pledge, Lease, or Exchange of Real Property.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.12A. Inalienable Property. Public Sale.

(1) how title was acquired, stating the date and place of probate of the will or recording of the deed;

(2) a full description of the real property, its improvements, by whom it is occupied, its rental value, and the liens and charges to which it is subject;

(3) the interest of the petitioner, if a fiduciary, how and when he was appointed; if other than a fiduciary, the name of the fiduciary, if any, and how and when such fiduciary was appointed;

(4) a recital of the history of the trust, and of the relevant provisions of the Will or Deed pertaining to the real property to be sold; the names of all parties and the nature and extent of their interests, stating which, if any, are minors or incompetents/incapacitated persons, and giving the names and record of appointment of their guardians, if any; and the names of the next of kin and the age of any minors;

(5) that the purpose of the proceeding is to obtain a decree stating that the title transferred to the purchaser shall be indefeasible by any person ascertained or unascertained, or by any class of persons mentioned in the petition or decree having a present or expectant interest in the premises, and unprejudiced by any error in the proceedings of the Court;

(6) sufficient facts to enable the Court to determine whether the proposed sale will be to the interest and advantage of the parties, and whether the proposed sale may be made without prejudice to any trust, charity, or purpose for which the real property is held, and without violation of any laws which may confer an immunity or exemption from sale or alienation; and

(7) the names of any parties who do not voluntarily appear.

(b) Guardian of a Minor. A petition by a guardian to sell real property at public sale, under Chapter 83 of the P.E.F. Code, shall set forth in separate paragraphs:

(1) that the petitioner was appointed guardian of the estate of the minor, stating the method, date, and record of his appointment; or, if the estate of the minor consists of an interest in real property to the value prescribed by statute, that the petitioner is the natural guardian, or the person by whom the minor is maintained, stating the relationship of the petitioner to the minor;

(2) the interest of the minor and full description of the real property proposed to be sold; its improvements; by whom occupied; its rental value; and the liens and charges to which it is subject;

(3) whether title was acquired by Will, descent, or deed; the date of decedent's death; the date and place of probate of the Will or recording of deed with respect to the real property proposed to be sold; and if the interest of the minor is partial, the names of the other parties; the nature of their interest; that they desire the sale to be made and are willing to join in the deed;

(4) the age of the minor; the names of his next of kin; and the notice given them of the presentation of the petition; and

(5) sufficient facts to enable the Court to determine that it would be in the interest of such minor that the real property be sold.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.12B. Inalienable Property. Public Sale. Exhibits.

(b) The practice and procedure with respect to the notice, confirmation and the entry of security shall conform to the appropriate provisions of Sch.Co.O.C. Rules 12.9B, 12.9C and l2.9D.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.12C. Inalienable Property. Private Sale.

(i) the information required under Sch.Co.O.C. Rules 12.12A and 12.12B;

(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 parties in interest desire the sale to be made and are willing to join in the deed.

(2) Guardian of a Minor. A petition by a guardian to sell real property at private sale, under Chapter 83 of the P.E.F. Code, shall set forth in separate paragraphs:

(i) the information required in Rules 12.12A and 12.12B; 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.

(b) Exhibits. The following exhibits shall be attached to a petition by a fiduciary to sell real property at private sale, under Chapter 83 of the P.E.F. Code:

(1) affidavits of two real estate appraisers setting forth the information required by Pa.0.C. Rule 12.10(b); and

(2) consents to the sale signed by those parties in interest 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 the P.E.F. Code.

(c) The Court, in the decree approving or confirming the sale, will fix the amount of security which the fiduciary shall be required to enter.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 12.12D. Inalienable Property. Mortgage.

(2) Exhibits. Security. The exhibits required by Sch.Co.O.C. Rule 12.12C(b) shall be attached to the petition, with the proviso regarding consents, that 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 the P.E.F. Code. Security shall be fixed as provided by Rule 12.12C(c).

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]