Frequently Asked Questions

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None.

1. The rules are available on the here.
2. The law is contained in DC Code, Title 21 and is available online on the Council of the District of Columbia’s website.
 

If there is a will, the person nominated in the will has priority to serve. A surviving spouse is next; then children or the residuary legatees. Consult DC Code, sec. 20-303 for the order of priority to serve as personal representative.

Claims cannot be filed until a personal representative is appointed, even if a special administrator has been appointed. See DC Code, sec. 20-901. Claims can be filed after the six-month claim period expired, but the acceptance of a claim for filing by the Probate Division is not a guarantee that it will be paid.

No.

A complaint is a lawsuit, and it is recommended that you seek legal advice from an attorney. Complaints filed in the Probate Division must be verified (sworn to), pursuant to Superior Court, Probate Division Rules 107 and 407. When the complaint is presented for filing, it should be accompanied by a summons addressed to each defendant and a filing fee of $120.00 in cash, check or by check or money order payable to the "Register of Wills."

Notice of Appeal from a final order or judgment of the Probate Division is filed in the Legal Branch of the Probate Division, Room 312, 515 5th Street, NW, Washington, DC, 20001. There is a fee of $100 payable in cash or by check or money payable to "Register of Wills."

To re-open an estate, an unsupervised personal representative may file a Request for Extension of Personal Representative's Appointment or a petition to re-open. A supervised personal representative must file a petition to re-open. If an estate needs to be re-opened, but the personal representative is no longer available to serve, then a petition to re-open and appoint a successor personal representative should be filed. Please see Re-opening a Decedent's Estate in the District of Columbia.

A personal representative may be removed from a case by order of a judge. The process of removing a personal representative is begun with the filing of either a complaint for removal in the LIT case type (LIT means Major Litigation) or a petition for removal in the estate case (ADM). It is recommended that any person considering removal of a personal representative seek legal advice from an attorney.

In large estates, the claims period expires six (6) months after the first date of publication of the Notice of Appointment, Notice to Creditors and Notice to Unknown Heirs. However, if the personal representative is aware of the existence of a debt, the personal representative must take action with regard to the debt even if no claim has been filed.

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