Probate Division - Notice of Revocable Trust (NRT)
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General Information
A proceeding to notify interested persons and creditors that a deceased person had established a trust prior to death is begun by filing three documents with the Office of the Register of Wills: (1) a Notice of Existence of Revocable Trust, (2) a Certification of Trust, and (3) a Form 27. The Probate Division arranges for publication of the notice in the two publications chosen by the filer, and the publications bill the Trustee(s) directly. The Trustee(s) must mail a copy of the notice within fifteen days of the first date of publication to all qualified trust beneficiaries, heirs of the decedent, and creditors whose identities are known or could be reasonably ascertained. The Trustee(s) may, but is not required to, file the proofs of publication and the Verification and Certificate of Notice of Existence of Revocable Trust within ninety days of the first date of publication as evidence that such mailing has occurred.
The Trust is subject to claims of the deceased settlor’s creditors, costs of administration of the settlor’s estate, the expenses of the deceased settlor’s funeral and disposal of remains, and statutory allowances to a surviving spouse and children to the extent the deceased settlor’s residuary probate estate is inadequate to satisfy those claims, costs, expenses, and allowances.
An action to contest the validity of this trust must be commenced by the earliest of (1) one year from date of death of the deceased settlor or (2) six months from the date of first publication of the Notice of Existence of Revocable Trust or (3) ninety days after the Trustee sends the person with a potential cause of action a copy of the trust instrument and a notice informing the person of the trust’s existence, the Trustee’s name and address, and the time allowed for commencing a proceeding.
Creditors and other interested persons have six months from the first date of publication of the notice to file any claims against the trust. To file a claim, complete the form titled Claim Against Revocable Trust, send a copy to the Trustee(s), and file the claim in the Probate Division, paying the $5.00 filing fee. The Trustee may respond by using the Notice of Action Taken on Claim form. If the Trustee(s) takes no action on a claim, allows a claim but fails to pay it within a reasonable time, or disallows a claim, the claimant may file a petition
for payment from the trust.
These proceedings are governed by D.C. Code, sections 19-1301 et seq., and Superior Court Probate Division Rules 212 and 213. The District of Columbia Code may be found here. The Probate Division Rules may be found here.
Forms
Notice of Revocable Trust Forms (NRT)
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Frequently Asked Questions
What documents need to be verified to be filed in the Probate Division?
The following pleadings must be verified to be filed in the Probate Division:
- All Petitions - SCR-PD 2(b) and 3
- Complaints filed in Probate Matters - SCR-PD 107(a), and 208(a)
- Accounts - D.C. Code 20-721
- Inventories - D.C. Code 20-711
- Guardian Reports - SCR-PD 328
- Assignments - SCR-PD 120 and 420
- Claims - D.C. Code 20-905(a)
- Affidavits of Mailing and Non-Mailing in Standard Probate - SCR-PD 403(a)(8)
- Any Affidavit - SCR-CIV 9
- Verification and Certificate of Notice - SCR-PD 403(b)(3)
- Certificate of Completion - SCR-PD 426
According to SCR-CIV 11, no other pleadings need be verified. Accordingly, motions, answers, responses and oppositions do not need to be verified.
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