Rule 5.12 Mortgage or Lease of Real Property

If you want to mortgage or lease real property through the Orphans' Court, your petition needs to include specific details. You must provide the same basic property information that would be required if you were asking to sell the property at a public sale.

You also need to name the person or company that would be receiving the mortgage or lease. The petition must spell out the terms of the deal, such as the length of the lease or the conditions of the mortgage.

If the property belongs to someone who has been legally declared unable to manage their own affairs, there is an extra rule that applies. In that case, you would also need to follow Rule 14.10 along with this one.