Frequently Asked Questions

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Pursuant to Super Ct. Prob. R. 401(d), the Register of Wills may only issue a final certificate if all claims have been released.

In general, a foreign personal representative may sue and may be sued in DC pursuant to DC Code, sec. 20-342. You may file suit in DC against a foreign personal representative if the foreign personal representative has actual knowledge of a claim barred in another jurisdiction that does not rise to the level of a "final judgment" under the Full Faith and Credit Clause of the United States Constitution. See Richard v. McGreevy, 136 DWLR 170 at pp. 1917-1919 (DC 9/2/08.) However, please consult with your counsel regarding issues of appropriate jurisdiction prior to filing suit against a foreign personal representative.

Review the contents of the case file (also called jacket) at Court, or review the docket in the Court’s online case search system at Court Cases Online.

The last day that claims can be filed is six months from the first date of publication of the Notice of Appointment of Foreign Personal Representative and Notice to Creditors. The first date of publication of the notice is on the bottom left side of the notice, a copy of which is given to the filer when the foreign estate is opened, is kept in the court's file, often called the jacket, and is visible as an image on the court’s online case search available at public access terminals in the Probate Division.

The Superior Court does not appoint a personal representative in a foreign estate and does not issue letters of administration. Rather, it recognizes the appointment made in the other state.

You should file the Notice of Action Taken on Claim form indicating whether you are going to pay the claim in full, deny the claim, or pay the claim in part. Please be advised that in its decision on Estate of Francisco Coll Monge, 2000 FEP 108, the DC Court of Appeals determined that all creditors known to a personal representative have the same rights established under DC Code, sec. 20-343(d), whether the claim has been filed in the foreign estate proceeding in the District of Columbia or whether the claim has been filed in the original probate estate established for the decedent in the other state or jurisdiction. Accordingly, please consult with your attorney regarding any questions as to payment of a claim filed in a foreign estate proceeding.

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