A foreign will is a term used to describe a will that has been filed and accepted in a state or jurisdiction other than the District of Columbia.
An apostille is a certificate recognized under the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents. It is used to authenticate legal documents from another country and is required under Superior Court, Civil Division Rule 44(a)(2).
Notarized or certified copies are not acceptable. The documents from the other state must be authenticated by that court in accordance with 28 US Code, sec. 1738. Such authentication is commonly referred to as "triple-sealed" or "exemplified." An authenticated or triple-sealed document is one that is signed and sealed by an appropriate Clerk of the Court, a judge/magistrate judge, and an appropriate Clerk of the Court.
No; a foreign estate can only be opened in the District of Columbia if and when a personal representative has been appointed in the other jurisdiction or state.
Apostille copies of documents from a foreign country must be obtained from that country. You should consult with that country’s embassy in the District of Columbia to obtain a proper apostille. However, if the foreign country is not a party to the Hague Convention, an apostille must be obtained from the United States Embassy located in that foreign country, with a proper English translation when necessary, certified by an appropriately authorized translator as designated by the U.S. Department of State or the U.S. Department of Justice.
The cost to open a foreign estate is $45. The cost of a Preliminary Certificate is $45, and the cost of a Final Certificate is $10. Make the payment in cash or by check or money order payable to "Register of Wills."
There is no set time.
Bond is required if the personal representative for the foreign estate wishes to remove, lease, or transfer personal, leasehold or real property located in the District of Columbia within the six-month claim period.
When a person’s estate is opened somewhere; when a person’s estate is opened somewhere other than the District of Columbia, but the decedent owned real estate or had personal property, such as a bank account, in the District of Columbia.
A person who lives or maintains an office in the District of Columbia can agree to serve as agent by filing the Appointment of Agent to Accept Service of Process form. A corporation with a DC business address may also be used as an agent, as long as the Appointment of Agent to Accept Service of Process form is executed by an authorized officer of the corporation. The Register of Wills cannot serve as agent.