Legal Petition to Sell

LEGAL PETITION TO SELL

Petitioner Name:   Petitioner Capacity (e.g., Executor, Trustee):

Estate/Trust/Decedent Name:

Court Name:   Case Number:

RECITALS

WHEREAS, Petitioner is duly authorized to act in the capacity stated above with respect to the administration of the estate or trust identified herein and has custody and control of the assets of the estate or trust; and

WHEREAS, the estate or trust holds the real property commonly described as: (the "Property"), and a detailed legal description is on file with the court or will be attached to this petition; and

WHEREAS, Petitioner seeks authority from the court to sell the Property in order to satisfy debts, expenses of administration, taxes, and to distribute the net proceeds in accordance with the governing instrument and applicable law.

NOW, THEREFORE

Petitioner petitions the court for an order authorizing the sale of the Property and respectfully states as follows.

1. JURISDICTION AND VENUE

The court has jurisdiction over this matter pursuant to the applicable probate/trust statutes. Venue is proper in this court because the decedent's domicile or trust administration is located in this county and the Property is located within this jurisdiction.

2. PARTIES AND INTERESTED PERSONS

Petitioner is the person requesting relief. Interested persons include beneficiaries, heirs, secured creditors, lienholders, and any other person entitled to notice under applicable law. The names and addresses of known interested persons are listed below or attached to this petition.

3. DESCRIPTION OF PROPERTY

4. AUTHORITY TO SELL

Petitioner avers that authority to sell the Property is conferred by the governing instrument or applicable statute and that a sale is necessary and in the best interest of the estate or trust. Petitioner represents that no further probate administration can reasonably be completed without sale, or that liquidation is required to satisfy claims and administration costs.

Petitioner requests authority to sell the Property at public or private sale on terms and conditions set forth below and subject to approval and confirmation by this court.

5. PROPOSED TERMS OF SALE

Petitioner proposes that the sale be conducted by:   Listing Broker/Agent (if any):

6. NOTICE AND OPPORTUNITY TO OBJECT

Petitioner requests that the court authorize notice to all interested persons by mail and, if required by statute or court rule, by publication. Petitioner will provide notice of the proposed sale, the terms, and the date for objections not fewer than the minimum number of days required by law.

7. SALE PROCEDURE; BROKERAGE COMMISSIONS

Petitioner requests that the court approve the procedures for conducting the sale, including authority to accept or reject offers, to execute deeds and other instruments of conveyance, and to pay customary closing costs. Any brokerage commission shall be reasonable and subject to court approval. Petitioner will file an itemized accounting of all commissions, costs, and disbursements paid from sale proceeds.

8. ACCOUNTING AND DISTRIBUTION

Upon closing the sale, Petitioner will file a full accounting and petition for distribution or further order of the court setting forth payment of debts, expenses of administration, taxes, and the proposed distribution of net proceeds to beneficiaries, heirs, or creditors pursuant to the governing instrument and applicable law.

9. BOND OR SECURITY

If required by statute or court order, Petitioner will provide an appropriate bond or other security in an amount satisfactory to the court to secure the faithful performance of the duties associated with the sale and disposition of proceeds. Petitioner requests that the court waive or fix bond if circumstances warrant.

10. PRAYER FOR RELIEF

Petitioner respectfully requests that the court enter an order:

1. Authorizing Petitioner to sell the Property described herein on the terms set forth or on such other terms the court approves;
2. Authorizing execution of all instruments necessary to effectuate the sale and convey clear title to the purchaser;
3. Approving the notice plan and setting a date by which interested parties may object to the proposed sale;
4. Approving payment of reasonable commissions, costs, and expenses from sale proceeds; and
5. Granting such further relief as the court deems just and proper.

11. GOVERNING LAW

This petition shall be governed by and construed in accordance with the laws of the jurisdiction in which the Court sits, including applicable statutes governing probate, trusts, and fiduciary sales.

12. ENTIRE AGREEMENT; SEVERABILITY

This petition contains the entire petition of Petitioner with respect to the relief requested and supersedes any prior oral or written statements concerning the subject matter. If any provision of this petition is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. NOTICES

All notices required or permitted under this petition shall be given in writing and shall be deemed effective upon personal delivery or three business days after mailing to the addresses of the parties and interested persons on file with the court.

14. AMENDMENTS AND WAIVER

This petition may not be amended or any provision waived except by written instrument signed by the party granting the waiver or by further order of the court. No failure to exercise and no delay in exercising any right shall operate as a waiver.

VERIFICATION

I, the undersigned Petitioner, declare under penalty of perjury under the laws of the applicable jurisdiction that the foregoing is true and correct to the best of my knowledge and belief and that the facts set forth in this petition are made in good faith.

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