The following pleadings must be verified to be filed in the Probate Division:
1. All Petitions - SCR-PD 2(b) and 3
2. Complaints filed in Probate Matters - SCR-PD 107(a), and 208(a)
3. Accounts - DC Code 20-721
4. Inventories - DC Code 20-711
5. Guardian Reports - SCR-PD 328
6. Assignments - SCR-PD 120 and 420
7. Claims - DC Code 20-905(a)
8. Affidavits of Mailing and Non-Mailing in Standard Probate - SCR-PD 403(a)(8)
9. Any Affidavit - SCR-CIV 9
10. Verification and Certificate of Notice - SCR-PD 403(b)(3)
11. 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.
No. The final order issued by the Court will specifically identify the assets, authorize release to the personal representative, and direct how distribution is to be made.
Depending on the circumstances, a final order generally issues within 120 days of the filing of a Petition for Administration of Small Estate. If publication is not required and sufficient documentation is filed to verify the amount of the assets of the estate, a final order generally issues within two weeks.
The law requires publication to notify potential creditors when the estate’s assets (real estate and personal property) exceed $1,500.00. However, publication is not required if the heir is the decedent’s spouse or a minor child (under the age of 18) or if the heir is the decedent’s adult child and the estate’s assets are under $11,500.00.