the names and residences of the heirs of the decedent, namely: [State such matters so far as known.]

That it is for the advantage, benefit and best interests of the estate of said decedent, and those interested therein, that a sale of the property herein petitioned to be sold, be made;

That if a sale of a portion thereof be made to pay the allowance of the family of said decedent, the debts outstanding against the decedent, and the debts, expenses and charges of the administration of his estate [and legacies bequeathed by his will], so little of such real estate will be left that the value of the part which would be distributed to each heir [or devisee will be much less than the amount such heir [or devisee] would receive from a sale thereof, and the portion of the real estate which could be distributed to each heir would be of little value to him or her;

That it is therefore necessary to sell real estate of said decedent to pay the allowance to the family of the decedent, the debts outstanding against the decedent, and the debts, expenses and charges of the administration of his estate [and legacies bequeathed by his will] [and that it will be for the advantage, benefit and best interests of the estate of said decedent and of those interested therein, that the real estate of said decedent hereinafter asked to be sold, be sold

[That a higher and better price will, in the opinion of your petitioner, be realized from the sale of said property, if sold at private sale, than would be realized therefrom if the sale be made at public auction.]

WHEREFORE your petitioner prays for an order of this court authorizing and empowering your petitioner to sell the following described real property belonging to the estate of said decedent, [and which is the whole thereof undisposed of] namely: [describe the property asked to be sold], [and that such sale be made at public auction or private sale as your petitioner shall judge to be most beneficial for the estate].

[Duly verified.]

A B. Executor [or administrator].

Facts should be stated in the petition, which, if proven, would satisfy the court that the real property or some part thereof should be sold.

No sale of the real estate of a decedent at private sale can be confirmed

unless the sale be made within six months after the order of sale is made, nor unless the property be appraised within one year next before the sale, nor unless it be sold for at least ninety per cent. of its appraised value.

FORM NO. 302.

ORDER TO SHOW CAUSE WHY AN ORDER SHOULD NOT BE GRANTED TO SELL REAL ESTATE.

[Title of Proceeding.]

It having appeared to the satisfaction of Hon.

-, judge of said court, [or to said court] from the petition of A B, as executor of the last will [or as the administrator of the estate] of CD, deceased, that it is necessary to sell the real estate asked to be sold in said petition, [or some portion thereof] to pay the allowance made by the court to the family of said decedent, the debts outstanding against said decedent, and the debts, expenses and charges of the administration of his estate [and the legacies bequeathed by his will] [and that the portion of the real estate not petitioned to be sold for such purposes, would after a sale for such purposes, be of such a character with reference to its future disposition among the heirs or devisees of said decedent as clearly to render it to be to the best interest of all concerned that the whole of the real estate asked to be sold by said petitioner, should be sold]; and said petition having been filed,

IT IS ORDERED that all persons interested in the estate of said decedent be and they are directed to appear before the court, at the court room of [department of] said court on the m., to show cause why an

day of

at

o'clock

order should not be granted to said executor [or administrator] to sell the real property of the estate of said decedent, described as follows, namely: [describe the property.]

AND IT IS FURTHER ORDERED AND DIRECTED that a copy of this order be published four successive weeks in the newspaper published in said county of

[Date.]

in this state.

Judge.

FORM NO. 303.

ORDER FOR THE SALE OF REAL PROPERTY OF A DECEDENT.

[Title of Proceeding.]

A B, as the executor of the last will [or as the administrator of the estate] of C D, deceased, having heretofore petitioned that an order be granted to him as such executor [or as administrator] to sell certain real property of the estate of said decedent, and which real property is described in said petition, and is hereinafter described, and said petition having been filed and an order having been made to show cause why the prayer of said petition should not be granted;

Now on this day of at the court room of the court, the time and place appointed in such order [or the time and place to which the hearing of said petition was duly postponed] satisfactory proof having been made to the court by affidavit of the due publication of said order, as required by law and said order, and the court having proceeded to hear said petition, and to hear and examine the allegations and proofs of the petitioner and of persons interested in the estate of said decedent; and after a full examination and hearing of such allegations and proofs, it appearing to the satisfaction of the court that a sale of real estate of the estate of said decedent, is necessary for the payment of the allowance to the family of the decedent, the debts outstanding against the decedent, and the debts, expenses and charges of the administration of his estate. [and for legacies bequeathed by the will of the decedent]; [and that a sale of the whole of the real estate of the decedent for the sale of which said petition prays, would be for the advantage, benefit and best interests of the estate of the decedent and those interested therein];

IT IS ORDERED that said executor of the last will [or said administrator of the estate] of said C D, deceased, sell at public auction, [or the same being asked for in the petition, sell at either public auction or private sale, as such executor [or administrator] shall judge most beneficial for the estatel the real property of the estate of the decedent hereinafter described;

IT IS FURTHER ORDERED that such sale be made for cash in gold coin of the United States, and that ten per cent. of the

purchase money therefor be paid at the time of sale, and the balance thereof be paid on the confirmation of the sale by the court;

IT IS FURTHER ORDERED that the said executor [or administrator] before making such sale, give an additional bond in the sum of dollars as required by law and this order, [or it satisfactorily appearing to the court that the penalty of the bond heretofore given is equal to twice the value of the personal property remaining in, or that will come into the possession of the executor [or administrator], including the annual rents and profits and issues of the real estate, and twice the probable amount to be realized on the sale of the real estate [or it being expressly provided in the will of the decedent, that no bond shall be required of the executor],

IT IS ORDERED that no additional bond is required from the executor; [or administrator]

The following is a description of the real estate so ordered to be sold: [Insert description of property.]

Judge.

FORM NO. 304.

RETURN OF SALE OF REAL ESTATE OF A DECEDENT.

[Title of Proceeding.]

A B, as the executor of the last will [or as administrator of the estate] of C D, deceased, makes this return of the sales made by him of real property of the estate of said decedent, under and pursuant to the order for such sale granted to him by the court on the day of

at

That such sale was made at public auction on the day of o'clock m. of that day for cash in gold coin of the United States, and ten per cent. of the purchase money therefor was paid at the time of the sale and the balance of the purchase money is to be paid by the purchaser on the confirmation of the sale by the court; the sale was made by -, Esq., an auctioneer employed by me as such executor [or as such administrator] for that purpose, in front of the court house door in the city [or town] of in the county of state of California, in which county the real estate sold is situated; that notice of such sale, and of the time and place of the

in the

sale was posted in three of the most public places in said county of -, namely: at [state where the notices were posted.] And such notice was also published in [state name of newspaper] printed and published in said county of

for at least once a week for three weeks and more successively, next before such sale was made, which notice stated the terms on which the sale would be made, and described with common certainty the real estate to be sold; true copies of the notice so posted and published, and of the affidavits thereto, showing that the notice was so posted and published, marked Exhibit A, are attached to this return, and are referred to and made a part thereof;

That such sale was legally made and fairly conducted, and the sum bid for the real estate sold is not disproportionate to its value, and that in the opinion of this executor [or administrator] a greater sum therefor cannot be obtained; that at said sale EF was the highest and best bidder, and his bid at said sale. for said real estate was dollars and he paid on said sale ten per cent. of said bid, and is to pay the balance thereof on the confirmation of such sale to him.

A hearing upon this return of the proceedings of such sale is asked for, and this executor [or administrator] asks that on such hearing the sale be confirmed.

[Date.]

[Duly verified.]

A B,

Executor [or administrator].

If the sale be of distinct parcels of the real estate, the return should show to whom each parcel was sold, and for what price. Exhibit A to be attached to the return.

FORM NO. 304a.

NOTICE OF SALE OF REAL ESTATE AT PUBLIC AUCTION.

[Title of Proceeding.]

Notice is hereby given that under and as required by the order of the [state the name of court], made and entered on the day of in the matter of the estate of C D, deceased, I, as the executor of the last will [or as the administrator of the estate] of said C D, deceased, will sell at public auction in front of the court house door in the city [or town] of

in the