Rule 69 Notice; Flag Sheet
Part B. Probate Proceedings | B-VI. Sale of Real Property
Rule Text
If court confirmation of the sale is sought, the following procedures shall apply:
(a) Method of Notice. The petitioner shall prepare a notice of the petition for confirmation of sale and shall serve the notice on the prospective buyer and all persons interested in the property or the proceeds thereof. The petitioner shall post a copy of the notice at the courthouse. The petitioner shall set forth on the first page of the notice the offering price, the required minimum bid price, and the tax map key number(s) for the property being sold.
(b) Newspaper Publication. The personal representative may publish the notice in a newspaper in the circuit where the property is located. The court, upon petition of an interested person or upon its own motion, filed within 10 days of the filing of the petition for confirmation of sale, may order publication in the newspaper.
(c) Failure of Notice. When the personal representative does not cause the notice to be posted or served within the time required by statute, the court may continue the hearing on the petition for confirmation of sale to the next available hearing date. The court will accept written offers (overbids) until the time of the rescheduled hearing. The personal representative shall prepare the amended notice of hearing for the rescheduled hearing date and serve it on the same persons who were served with the notice of the original petition.
(d) Flag Sheet. A flag sheet shall be presented pursuant to Rule 81 for any hearing on a petition that seeks confirmation of sale of real property.
Amendment history: Amended November 12, 1997, effective December 15, 1997; further amended May 15, 2008, effective July 1, 2008.