Yes! You can use AI to fill out Form DE-260/GC-060, Report of Sale and Petition for Order Confirming Sale of Real Property (Probate—Decedents' Estates and Guardianships and Conservatorships)

Item 10 requires a specific calculation to determine the minimum overbid amount for the court hearing. People often make mathematical errors when applying the formula (10% of the first $10,000 plus 5% of the remainder). An incorrect calculation can cause confusion at the confirmation hearing, potentially delaying the sale or causing procedural issues when the court calls for overbids. To avoid this, double-check the math and ensure the figures for the original bid, the percentages, and the final sum are all correct.

The form requires a reappraisal of the property if more than one year has passed between the date of death (or appointment) and the date of the hearing. Petitioners frequently overlook this requirement, leading to mandatory continuances of the hearing until a valid reappraisal is filed. This delays the sale confirmation and can jeopardize the transaction with the current buyer. Always check the date in item 3a against the hearing date and secure a timely reappraisal from the probate referee if the one-year mark has passed.

Simply writing the street address in item 3e is insufficient for a court order confirming the sale of real property. The court requires a full legal description, which is typically found on the property's deed. This mistake occurs because people assume the street address is enough, but it can lead to the petition being rejected for incompleteness. The correct approach is to attach the full legal description as 'Attachment 2e' or 'Attachment 3e' and reference it on the form.

In item 6, petitioners must state the current bond amount and determine if an additional bond is needed to cover the proceeds from the property sale. Many filers either forget to request an additional bond or incorrectly state that none is required, which is a primary concern for the court in protecting the estate's assets. This oversight will almost certainly cause the judge to delay confirmation until the bond issue is resolved. To prevent this, calculate the total estate value after the sale and request an appropriate increase in the bond amount.

Unless the will directs or authorizes the sale (item 9b or 9c), the petitioner must explain why the sale is necessary or advantageous to the estate in item 9a. Simply checking a box like 'debts' without being prepared to substantiate it, or providing a weak reason, can lead to the court questioning the sale's purpose. This can result in delays or even denial of the petition. Be prepared to provide a clear and compelling reason, supported by financial data if necessary, to demonstrate the sale serves the best interests of the estate.

Failing to give proper notice of the hearing to all interested parties (heirs, beneficiaries, and those who have requested special notice) is a critical error. In item 8, petitioners often check the wrong box or fail to follow through with the required service, which is a jurisdictional defect that prevents the court from acting. The court will not confirm the sale without proof of proper notice. To avoid this, carefully identify all required recipients and ensure they are served according to probate code rules, documenting it for the court.

Item 11 requires a description of the efforts made to obtain the 'highest and best price' for the property. A generic statement like 'Listed with a broker' is often considered insufficient by the court. This lack of detail can lead the judge to question whether the petitioner fulfilled their fiduciary duty, potentially delaying confirmation. To avoid this, provide specific details about marketing activities, such as listing the property on the MLS, the number of open houses held, advertising methods used, and the number of offers received.

When an estate has co-personal representatives or co-conservators, all of them are considered petitioners and must sign the form. It is a common oversight for only one petitioner to sign, which invalidates the filing. The court cannot act on a petition that is not fully executed by all required parties. Always ensure that every individual listed as a petitioner in item 1 has signed and dated the declaration on page 2.

In item 4b, the form asks if the purchaser is the personal representative, their attorney, or a related entity. People sometimes fail to check this box when such a relationship exists, either by oversight or misunderstanding. This is a critical disclosure for the court to assess potential conflicts of interest, and failing to disclose it can have serious consequences, including voiding the sale. Always be transparent and check this box if the purchaser has any connection to the estate's representative.

This form frequently references attachments for critical information, such as the legal description (Attachment 2e), credit terms (Attachment 4e), or descriptions of other property sold as a unit (Attachment 2c). A common mistake is to check a box indicating an attachment will be used but then forget to include it with the filing. This renders the petition incomplete and will result in delays, as the court cannot confirm the sale without the necessary information. Using a tool like Instafill.ai can help manage these complex filings by converting the form to a fillable version and ensuring all required attachments are accounted for before submission.