Short answer. Yes. Once it appears probable that the sale or encumbrance is necessary or beneficial to the ward, Rule 95, Section 2 requires the court to order the ward's next of kin and all persons interested in the estate to appear and show cause why the sale should not be granted.
What the law says
If it seems probable that such sale or encumbrance is necessary, or would be beneficial to the ward, the court shall make an order directing the next of kin of the ward, and all persons interested in the estate, to appear at a reasonable time and place therein specified to show cause why the prayer of the petition should not be granted.
Rule 95, Section 2 — Order to show cause thereupon. Read the full provision →
The trigger for this order
The show-cause order issues once it seems probable that such sale or encumbrance is necessary, or would be beneficial to the ward — a preliminary assessment, not yet a final decision, that opens the door to a contested hearing rather than an automatic grant. This is a relatively low threshold at this stage; the court does not need to be fully convinced yet, only satisfied enough that the question deserves a proper hearing before anyone else weighs in.
Who is called to respond
The court directs the next of kin of the ward, and all persons interested in the estate to appear, a circle wider than just the guardian and the ward themselves. Anyone with a genuine stake in how the ward's property is handled — not only close relatives, but others with a recognized interest in the estate — falls within the group the court must call to respond.
What they are asked to do
They must appear at a reasonable time and place therein specified to show cause why the prayer of the petition should not be granted, giving anyone with concerns a formal opportunity to object before the sale moves forward. The burden at this stage effectively shifts to those opposing the sale to explain why it should not proceed, rather than requiring the petitioner to keep re-proving the case against silent objectors.
Why the safeguard exists
Because selling or encumbering a ward's property is often difficult to undo, the rule builds in an adversarial check at this stage rather than letting the guardian's petition proceed unopposed straight to approval. This protects an incompetent ward who cannot personally look after their own interests, by ensuring other people with a genuine stake in the outcome get a real chance to be heard before the property changes hands.
Related provisions
- Rule 95, Section 2 — Order to show cause thereupon
- Rule 95, Section 1 — Petition of guardian for leave to sell or encumber estate
- Rule 95, Section 3 — Hearing on return of order; Costs