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Notice Of Hearing On Petition For Approval Of Sale Of Real Property Form. This is a Arizona form and can be use in Maricopa Local County.
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Tags: Notice Of Hearing On Petition For Approval Of Sale Of Real Property, 700, Arizona Local County, Maricopa
INSTRUCTIONS FOR HAVING THE SALE OF REAL
PROPERTY APPROVED BY THE COURT
1. All of the forms you need are attached. In the forms you will see parts enclosed in - - [
fill in the correct information in all those spaces.
]; you need to
2. When you file your Petition, obtain a hearing date from Probate Court Administration [602-506-3668]
and complete the rest of your paper work. Be sure to arrange to have the notice of hearing published and
posted on the property.
3. Read Rule 5.11(d) which is below. You MUST (1) publish notice of the hearing; (2) mail the notice of
hearing and petition to all persons interested in the estate; AND (3) post the notice of hearing on the
property. The mailing, publication and posting MUST be accomplished at least fourteen (14) days prior to
the hearing.
4. Bring a copy of the Affidavit of Publication, the Notice of Hearing, Proof of Notice, Affidavit of Posting
and your proposed Order to the hearing. If a bond increase is needed, bring your new bond or bond rider to
the hearing.
5. Tell the proposed buyer to attend the hearing because other bidders may show up at the hearing. If the
proposed buyer is not present to participate in the bidding, the proposed buyer will probably not end up with
the property.
Rule 5.11. Notice of Hearing
a. In fixing the time for hearing on petitions under Title 14, Arizona Revised Statutes, the clerk shall,
unless the court orders otherwise or all persons entitled to notice waive notice in writing, allow at least
fourteen (14) days notice.
b. The notice for a non-appearance or appearance calendar setting shall set forth the title of the matter set
for hearing, the date and time of the hearing and the name and location of the judicial officer before whom
the matter is set for hearing. The notice shall be given or served as required by law on all persons entitled to
notice and shall state that an objection may be made either by filing a written response with the court at least
five (5) days prior to the hearing date or by appearing in person or through an attorney at the time and place
set forth in the notice.
c. Notice shall be given to the ward’s or protected person’s court-appointed attorney.
d. Where the petition is one for confirmation of the sale of real estate, notice of the hearing shall state that
bids above the proposed sales price will be accepted by the Probate Court in Maricopa County and, unless
otherwise ordered by the court, the notice of hearing shall be posted on the property and published once in a
newspaper of general circulation in Maricopa County and in the county where the property is located at
least fourteen (14) days prior to the scheduled hearing date.
PETITIONS FOR THE SALE OF REAL PROPERTY
The Court desires to assure that the best price is received for the property. Therefore, in addition
to the requirements of A.R.S. § 14-1401, including publication, a copy of the notice of hearing on
the petition for the approval of the sale of real property shall be conspicuously posted on the real
property at least 14 days prior to the hearing. The notice shall set forth the amount of the pending
offer and state that the Court will consider all bids for the property above that amount at the time
set for the hearing.
Page 1 of 1
Form #700 LRD 12/04/2003 ALL RIGHTS RESERVED
© Clerk of Superior Court of Arizona in Maricopa County
American LegalNet, Inc.
www.FormsWorkflow.com
NAME OF CONSERVATOR OR PERSONAL REPRESENTATIVE
YOUR ADDRESS
YOUR TELEPHONE NUMBER
[Conservator or Personal Representative]
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR MARICOPA COUNTY
In the Matter of the
[Conservatorship/Estate] of
)
)
)
NAME OF PERSON,
)
)
[an adult/deceased].
)
__________________________ )
No. PB ________________
PETITION FOR APPROVAL
OF SALE OF REAL PROPERTY
Petitioner, [insert your name], reports to the Court as follows:
1. Petitioner, as [Conservator or Personal Representative], has
sold, subject to confirmation by the Court, the real property described as
follows:
Legal description:
[Insert legal description]
Commonly known as:
[Insert street address, city, state of property]
2. The property was sold for the reason [explain why property is
being sold. For example, if a conservatorship, the sale proceeds may be
needed to pay for the ward’s medical and care facility expenses or if this is
a decedent’s estate, the sale may be because the sale proceeds are to be
divided among the beneficiaries or heirs of the estate or the sale proceeds
are needed to pay creditors of the estate or estate taxes].
3. The reason [insert names(s) of buyer(s)] whose address is
[insert address of buyer(s)] for a gross sales price of $[insert price]. The
terms and conditions of the sale are set forth in Exhibit A attached hereto.
[Attach a copy of the purchase/sale contract.]
4. Said property has been appraised within one year of the time of
the sale. A copy of the appraisal is attached hereto as Exhibit B. [Attach a
copy of the appraisal]
Page 1 of 2
Form #700 LRD 12/04/2003 ALL RIGHTS RESERVED
© Clerk of Superior Court of Arizona in Maricopa County
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5. Petitioner has posted notice of the hearing on this Petition for
Approval of Sale of Real Property in compliance with Local Rule 5.11(d).
An affidavit of posting notice has been or will be filed with the court.
6. Petitioner believes that this sale is necessary and in the best
interest of this estate and those interested herein, that it was fairly made,
that the sale price is not disproportionate to the value of the property, and
that a greater sum cannot be obtained.
WHEREFORE, Petitioner requests that the Court, after notice and
hearing, issue an Order which:
1. Confirms the sale;
2. Directs the execution of proper conveyances to the purchaser;
3. Authorizes the Petitioner to pay all necessary and customary
expenses of sale; and
4. Directs that escrow in this matter be closed within [insert number
of days agreed to close escrow such as 30 or 60] days of the date an
Order is entered confirming this or any other sale of the above-referenced
real property.
Dated this __________ day of ____________________, 2______.
________________________________
[sign above and type your name and
address below this line]
STATE OF ARIZONA
County of Maricopa
)
) ss.
)
[Your name] being first duly sworn, deposes and says that [he/she] is the
[Conservator or Personal Representative], that [he/she] has read the
foregoing Petition and knows the contents thereof and believes the same to
be true and correct.
_______________________________
Affiant
SUBSCRIBED AND SWORN before me this ____ day of __________, 2_____.
________________________________
Notary Public
My commission expires:
___________________
Page 2 of 2
Form #700 LRD 12/04/2003 ALL RIGHTS RESERVED
© Clerk of Superior Court of Arizona in Maricopa County
American LegalNet, Inc.
www.FormsWorkflow.com
NAME OF CONSERVATOR OR PERSONAL REPRESENTATIVE
YOUR ADDRESS
YOUR TELEPHONE NUMBER
[Conservator or Personal Representative]
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR MARICOPA COUNTY
In the Matter of the
)
)
)
)
NAME OF PERSON,
)
)
[an adult/deceased].
)
_________________________ )
No. PB _______________
[Conservatorship/Estate] of
NOTICE OF HEARING ON
PETITION FOR APPROVAL
OF SALE OF REAL PROPERTY
NOTICE IS HEREBY GIVEN that the [Conservator/Personal Representative] of
this estate has filed a Petition for Approval of Sale of Real Property with the Maricopa
County Superior Court, Probate Department, of the property described below. The
property was sold for a gross sales price of $[insert amount] to [insert name(s) of
buyer(s)] upon the terms set forth in the Petition.
The real property is described as follows:
Legal description:
[Insert legal description]
Commonly known as:
[Insert street address, city, state of property]
HEARING HAS BEEN SET to consider the Petition on the __________ day of
____________________, 2____ at __________ a.m./p.m. before [insert name of Judge
or Commissioner before whom the hearing is set] at 125 W. Washington, Courtroom
[insert number], Phoenix, Arizona 85003.
Page 1 of 2
Form #700 LRD 12/04/2003 ALL RIGHTS RESERVED
© Clerk of Superior Court of Arizona in Maricopa County
American LegalNet, Inc.
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Anyone interested in the estate may appear at the time of the hearing and show
cause why the sale should or should not be confirmed. At the hearing, the Court will
consider bids for the property above the amount offered in the Petition.
Therefore, bids over $[insert amount of sale] for the subject property will be considered
by the Probate Court at the time and place of the hearing. The acceptance of a higher
bid by the Court may result in a possible voiding of the real estate commission and offer
as reported to the Court.
For further information about the sale, contact the [Conservator or
Personal Representative].
Dated this __________ day of ____________________, 2____.
______________________________
[sign above and type your name and
address below this line]
Page 2 of 2
Form #700 LRD 12/04/2003 ALL RIGHTS RESERVED
© Clerk of Superior Court of Arizona in Maricopa County
American LegalNet, Inc.
www.FormsWorkflow.com
NAME OF CONSERVATOR OR PERSONAL REPRESENTATIVE
YOUR ADDRESS
YOUR TELEPHONE NUMBER
[Conservator or Personal Representative]
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR MARIOPCA COUNTY
In the Matter of the
[Conservatorship/Estate] of
)
)
)
NAME OF PERSON,
)
)
[an adult/deceased]
)
_______________________________)
STATE OF ARIZONA
County of Maricopa
No. PB ____________________
AFFIDAVIT OF POSTING NOTICE OF
HEARING ON PETITION FOR APPROVAL
OF SALE OF REAL PROPERTY
)
) ss.
)
[Your name] being first duly sworn, deposes and says that [he/she] is the [Conservator or
Personal Representative]; that on the _____ day of __________, 2____, a period of more than
fourteen days prior to the scheduled hearing, [he/she] posted the Notice of Hearing on the
Petition for Approval of Sale of Property in one or more conspicuous locations on the subject
property.
____________________________________________
Affiant
SUBSCRIBED AND SWORN before me this _____ day of ___________________, 2_____.
___________________________
Notary Public
My commission expires:
____________________
Page 1 of 1
Form #700 LRD 12/04/2003 ALL RIGHTS RESERVED
© Clerk of Superior Court of Arizona in Maricopa County
American LegalNet, Inc.
www.FormsWorkflow.com
NAME OF CONSERVATOR OR PERSONAL REPRESENTATIVE
YOUR ADDRESS
YOUR TELEPHONE NUMBER
[Conservator or Personal Representative]
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR MARICOPA COUNTY
In the Matter of the
[Conservatorship/Estate] of
)
)
)
NAME OF PERSON,
)
)
[an adult/deceased].
)
_________________________________)
No. PB ____________________
PROOF OF NOTICE ON
PETITION FOR APPROVAL
OF SALE OF REAL PROPERTY
The undersigned, [insert your name], states that the Notice of Hearing on the Petition for
Approval of Sale of Real Property and said Petition were mailed on the __________ day of
_________________, 2 _____ to the following persons:
[List the name and address of each person to whom you mailed the notice of hearing and petition
including the proposed purchaser]
Dated this __________ day of ____________________, 2_____.
__________________________________
[sign above and type your name and address
below this line]
STATE OF ARIZONA
County of Maricopa
)
) ss.
)
[Your name] being first duly sworn, deposes and says that [he/she] is the [Conservator or
Personal Representative], that [he/she] has read the foregoing Proof of Notice and knows the
contents thereof and believes the same to be true and correct.
____________________________________
Affiant
SUBSCRIBED AND SWORN before me this _______ day of ____________________, 2_____.
____________________________________
Notary Public
My commission expires:
___________________
Page 1 of 1
Form #700 LRD 12/04/2003 ALL RIGHTS RESERVED
© Clerk of Superior Court of Arizona in Maricopa County
American LegalNet, Inc.
www.FormsWorkflow.com
NAME OF CONSERVATOR OR PERSONAL REPRESENTATIVE
YOUR ADDRESS
YOUR TELEPHONE NUMBER
[Conservator or Personal Representative]
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR MARICOPA COUNTY
In the Matter of the
[Conservatorship/Estate] of
)
)
)
NAME OF PERSON,
)
)
[an adult/deceased].
)
________________________________________ )
No. PB__________________
ORDER APPROVING
SALE OF REAL PROPERTY
The Petition for Approval of Sale of Real Property having come regularly before the Court
for hearing and the Court having called for upset bids, the Court finds that:
1. Proper notice of the hearing was given.
2. The sale of the real property described below is in the best interests of the estate.
3. The sale was legally and fairly made.
4. The sale price is not disproportionate to the value of the property and a greater sum
cannot be obtained.
Therefore,
IT IS HEREBY ORDERED as follows:
1. The Petition for Approval of Sale of Real Property is granted and the [Conservator or
Personal Representative] is authorized to complete the sale to [insert buyer’s name] for the sum
of $[insert the amount], and is authorized to execute the proper conveyance documents to the
purchaser for the property known as:
Legal description:
[Insert legal description]
Commonly known as:
[Insert street address, city, state of property]
Page 1 of 2
Form #700 LRD 12/04/2003 ALL RIGHTS RESERVED
© Clerk of Superior Court of Arizona in Maricopa County
American LegalNet, Inc.
www.FormsWorkflow.com
2.
The [Conservator or Personal Representative] is authorized to pay all necessary and
customary expenses of sale.
3. The escrow agent shall select one of these options:
Option A: direct-deposit the net sales proceeds into the following restricted account of the
estate, [insert account number and account location], and the Petitioner shall file proof of the
deposit on or before _______________. The escrow agent shall not release the sales
proceeds to the [Conservator/Personal Representative] because [he/she] is not bonded to
receive the funds.
Option B: upon proof that the [Conservator/Personal Representative] has posted a bond in the
amount of $_______________ as required by the Court, distribute the net sales proceeds to the
[Conservator or Personal Representative].
4. The [Conservator’s or Personal Representative’s] bond shall be increased by
$_______________ to a total bond amount of $_______________.
Dated this _____ day of ___________________, 2_____.
_________________________________________
Commissioner/Judge Pro Tem
Page 2 of 2
Form #700 LRD 12/04/2003 ALL RIGHTS RESERVED
© Clerk of Superior Court of Arizona in Maricopa County
American LegalNet, Inc.
www.FormsWorkflow.com
