Rule 1566.Preliminary Determination. Notice to Accept or Reject. Private Sale Confined to Parties.

Adopted April 26, 1955 · Last amended April 12, 1999 · Last verified June 30, 2026

In one sentenceRule 1566 requires preliminary notice to the parties of the proposed partition or sale, with the valuation and a deadline to accept or reject purparts, before a private sale confined to the parties proceeds.

Full Text of Rule 1566

Text sizeJump to: (a) (b) (c)

(a) Preliminary notice of the proposed partition and allotment of purparts under Rule 1560(b) or (c) or the inability to partition the property as provided under Rule 1563 shall be given to the parties in such manner as the court by local rule or special order shall direct.

(b)

(1) The notice in the case of proposed partition under Rule 1560(b) or (c) shall require the parties within twenty days after service thereof to accept or reject the proposed plan of allocation. The notice in the case of inability to partition shall state that the property will be sold unless objection is made as provided in Rule 1563(b).

(2) The notice shall include a description of the property and the proposed partition, the valuation of the property as a whole and of the purparts, if any, into which it is proposed to be divided, the mortgages, liens, encumbrances or charges which affect the whole or any part of the property and the amounts due thereon. A plan or map of the proposed division of the property may be attached to the notice.

(3) In lieu of the detailed information set forth in Subdivision (2), the notice may specify a place within the county where the proposed plan and information may be examined.

(c) If any party rejects the proposed allotment of the purparts or if no objection is made to a sale under Rule 1563, the property shall be offered for private sale by open bidding confined to the parties to be held upon not less than twenty days’ notice.

End

Plain-English Summary

Before the property is allotted or sold among the co-owners, they get a chance to weigh in. This rule requires preliminary notice of the proposed partition and allotment of purparts, or of the inability to divide the property, along with the valuation, and it gives the parties twenty days to accept or reject a proposed plan of allocation - or, where the property cannot be divided, states that it will be sold unless a party objects. That sets up the private sale confined to the parties.

Frequently Asked Questions

What notice do parties get before a partition sale?

Preliminary notice of the proposed partition or sale and the valuation, with a deadline to accept or reject.

Amendment History

The provisions of this Rule 1566 adopted April 26, 1955, effective November 1, 1955; amended November 14, 1978, effective December 2, 1978, 8 Pa.B. 3410; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial pages (223289) to (223290).

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. · Official text

Also known as: preliminary determination partitionnotice to accept or rejectpurpart valuation