Alle. Cnty. Pa. 5.16

As amended through April 9, 2024

Rule 5.16 - Sale Of Real Estate; Additional Security Or Waiver Thereof

Sec. 1.Additional Security.

In the case of a personal representative who has been required to give bond, the petition for an order requiring additional security or excusing such personal representative from entering additional security under 20 Pa. C.S. § 3351, shall set forth the following:

(a) the name, residence, and date of death of decedent; whether the decedent died testate or intestate; the name of the personal representative and the date of appointment;

(b) the amount of the bond filed with the Register and the name of the surety thereon;

(c) a description adequate to identify the real estate to be sold and the improvements thereon;

(d) the name and address of the purchaser and the price to be paid;

(e) the names of all interested parties and whether or not they are sui juris.

When an order excusing the entry of additional security is requested, or when security previously entered is to be used to secure in whole or in part the proceeds of the sale referred to in the petition, there shall be attached to the petition a stipulation signed by the surety on the existing bond accepting liability for the proceeds of the real estate to be sold.

Sec. 2.Exhibits.

Exhibits to such petitions shall be attached in the following order:

(a) a copy of the will, if any;

(b) a copy of the inventory, if filed;

(c) a copy of the agreement of sale; and

(d) consents, if any, of the interested parties.

Sec. 3.Surety.

Except for cause shown, the surety on the bond of the personal representative at the time of appointment shall be surety on any additional bond.

Sec. 4.Form of Additional Bond When Required.

When an additional bond is required, or a personal representative is excused from entering additional security, an order of court in substantially the following form shall be annexed to the petition:

And now, this _____ day of _____________, 20___, upon consideration of the annexed petition and on motion of ________________________, it is ordered, adjudged, and decreed that ____________________________________, of the estate of ____________________________ (Personal Representative) _________________________________, deceased, enter in the office of the Register of Wills additional security in the amount of $ ___________, with ____________________ as surety and, upon the entry of the same, the said ____________________________________, is authorized (Personal Representative) to receive the proceeds of the sale of the real estate known as ___________________________________________, Pennsylvania as the same is more fully (Number, Street and Municipality) described in the petition. _________________________________

Alle. Cnty. Pa. 5.16