COURT COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
Index No.
DE-260/GC-060
FOR COURT USE ONLY
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Plaintiff(s)
TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name):
-against-
FAX NO. (Optional):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE:
Defendant(s) BRANCH NAME: : ......................................................
ESTATE CONSERVATORSHIP GUARDIANSHIP OF (Name): DECEDENT CONSERVATEE MINOR
CASE NUMBER:
THE PEOPLE OF THE STATE OF NEW YORK TO
1.
REPORT OF SALE AND PETITION FOR ORDER CONFIRMING SALE OF REAL PROPERTY
and Sale of Other Property Sold as a Unit
HEARING DATE AND TIME:
DEPT.:
Petitioner (name of each): is the
GREETINGS: personal representative
and requests a court order for (check all that apply): the Honorable at the Court a. confirmation of sale of the estate's interest in the real property described in Attachment 2e located at County confirmation of sale of the estate's interest in other property sold as a unit as described in Attachment 2c. of b. , on the day of 20 , at noon, and at any % ,of the amount of: $ o'clock in the c. in roomapproval of commission of (specify):
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
conservator guardian of the estate of the decedent, conservatee, or minor purchaser (30 days have passed since the sale) (Attach supporting declaration (Prob. Code, § 10308(b).)
, recessed
adjourned date, d. oradditional bond to testify andat: $ evidence as a witness in this not required. part of the is fixed give is action on the
2. Description of property sold 100% % Undivided (specify): a. Interest sold: Improved Unimproved b. Your failure to comply with this subpoena is punishable as a contempt c. Real property sold as a unit with other property (describe in Attachment 2c). the party on whose behalf this subpoena was issued for a maximum penalty of d. Street address and location (specify):
of court and will make you liable to $50 and all damages sustained as a
result of your failure to comply.
3.
e. Legal description isHonorable Witness, affixed as Attachment 2e. Appraisal Court in County, day of
, one of the Justices of the , 20
a. Date of death of decedent or appointment of conservator or guardian (specify): b. Appraised value at above date: $ c. Reappraised value within one year before the hearing: $ Amount includes value of other property (Attorney must sign above and type name below) sold as a unit. (If more than one year has elapsed from the date in item 3a to the date of the hearing, reappraisal is required.) has been filed will be filed d. Appraisal or reappraisal by probate referee has been waived by order dated: 4. Manner and terms of sale a. Name of purchaser and manner of vesting title (specify): b. Purchaser is the private Cash personal representative public
Attorney(s) for
attorney for the personal representative.
c. Sale was d. Amount bid: $ e. Payment f. g. h.
on (date): Office Deposit: $ Credit (specify terms on Attachment 4e.)
and P.O. Address
Other terms of sale (specify terms on Attachment 4f.) Mode of sale specified in will. Petitioner requests relief from complying for the reasons stated in Attachment 4g. Telephone No.: Terms comply with Probate Code section 2542 (guardianships and conservatorships). Facsimile No.:
Page 1 of 2
Form Adopted for Mandatory Use Judicial Council of California DE-260/GC-060 [Rev. January 1, 2006]
(Probate—Decedents' Estates and Guardianships and Conservatorships)
E-Mail ORDER REPORT OF SALE AND PETITION FORAddress: CONFIRMING SALE OF REAL PROPERTY Mobile Tel. No.:
Probate Code, §§ 2540, 10308 www.courtinfo.ca.gov
American LegalNet, Inc. www.USCourtForms.com
DE-260/GC-060
ESTATE (Name): CONSERVATORSHIP GUARDIANSHIP OF
CASE NUMBER:
5. Commission a. Sale without broker A written exclusive b. c. d.
nonexclusive
contract for commission was entered into with (name):
Purchaser was procured by (name): a licensed real estate broker who is not buying for his or her account. Commission is to be divided as follows:
6. Bond none. a. Amount before sale: $ none. b. Additional amount needed: $ Proceeds are to be deposited in a blocked account. Receipts will be filed. (Specify institution and location): c.
7. Notice of sale Posted as permitted by Probate Code section 10301 ($5,000 or less) a. Published b. Will authorizes sale of the property c. Will directs sale of the property 8. Notice of hearing a. Special devisee: c. Personal representative, conservator of the estate, or guardian of the estate: Petitioner (consent or notice not required). None. (1) (1) Consent to be filed. Consent to be filed. (2) (2) Written notice will be given. Written notice will be given. (3) (3) b. Special notice: None requested. (1) Has been or will be waived. (2) Required written notice will be given. (3) 9. Reason for sale (need not complete if item 7b or 7c checked) a. Necessary to pay (1) (2) (3) (4) (5) b. debts devise family allowance expenses of administration taxes
10. Formula for overbids a. Original bid:
$
b. 10% of first $10,000 of original bid: $ c. 5% of (original bid minus $10,000): $ d. Minimum overbid (a + b + c): $
The sale is to the advantage of the estate and in the best interest of the interested persons.
11. Overbid. Required amount of first overbid (see item 10): $ 12. Petitioner's efforts to obtain the highest and best price reasonably attainable for the property were as follows (specify activities taken to expose the property to the market, e.g., multiple listings, advertising, open houses, etc.):
13. Number of pages attached: Date:
(TYPE OR PRINT NAME OF ATTORNEY)
(SIGNATURE OF ATTORNEY*) * (Signature of all petitioners also required (Prob. Code, § 1020).)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:
(TYPE OR PRINT NAME OF PETITIONER) DE-260 GC-060 [Rev. January 1, 2006]
(SIGNATURE OF PETITIONER) Page 2 of 2
REPORT OF SALE AND PETITION FOR ORDER CONFIRMING SALE OF REAL PROPERTY (Probate—Decedents' Estates and Guardianships and Conservatorships)
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