In very limited situations a summary land sale may be filed when the actual market value of the decedent or ward’s interest in the real estate is less than $3,000 and the decedent or ward holds the entire interest in the property.
If the decedent’s interest is a fractional interest and a land sale proceeding is necessary, then a full land sale proceeding must completed even though the value of the decedent’s or ward’s interest is less than $3,000.00. There must be no lien holders other than the county treasurer for taxes. An inventory must be filed by the fiduciary in the estate before a summary land sale proceeding may be initiated. The sale may only be conducted by private sale; public sales are not permitted.
The summary land sale will be opened as a companion case to the general case.
Items Necessary to File a Summary Land Sale:
- Prepare Complaint;
- File evidence or real estate tile in accordance with local rule;
- File written request for service and copies of the complaint for each party requiring service or advise the Court why such service should be waived; and
- The base court cost deposit is one hundred sixty dollars ($160.00).
Items Necessary to Complete the Summary Land Sale:
- After obtaining all the waivers of service and consents to sale, or after service the period to answer the complaint has closed, file an Entry Finding Summary Sale Necessary and Authorizing Private Sale along with a legal description of the real estate with the appropriate approvals of parties or counsel;
- Prepare and tender to the Court an Order for Private Sale;
- Return the Order for Private Sale to the Court once the sale is completed;
- File an Application to Confirm Summary Sale and Entry Confirming Sale and Ordering Deed (the Entry must include a recitation of the gross proceeds and terms of the sale); and
- After the closing, file a Report of Distribution with a copy of the signed closing statement.