No. If an attorney is retained by a petitioner and the petitioner pays the attorney with petitioner’s own funds, no petition for compensation is necessary.
In re Grealis, In re Irma Sams, In re Mary Nazarczuk, 902 A.2d 821; 2006 DC App. LEXIS 414, 03-PR-963, 03-PR-965, 04-PR-169, DCC.A., 7-13-06 (2002 INT 359, 2002 INT 225, 1999 INT 205)
Call the Auditing Branch Deputy Clerk at (202) 879-9419, and explain the situation. Do not call the Budget and Finance Division.
Yes, if the doctor or social worker is seeking payment from the subject’s assets or the guardianship fund. See Petition for Compensation of Visitor or Examiner.
Yes, pursuant to Superior Court, Probate Division Rule 308(c)(4), a petition for compensation may not be filed with the court unless it has been served at least twenty (20) calendar days prior to the filing of the petition. The petition shall be accompanied by a certificate of service showing compliance with the requirement.
A motion for leave to late file the petition for compensation can be filed. The original petition for compensation must be attached. There is a $20.00 filing fee for the motion (by check payable to the “Register of Wills”).
The petition should describe the services provided, state the amount requested, be supported by a detailed statement of services, the dates provided, and the time that each service took (rounded to no more than a tenth of an hour), and be accompanied by a proposed order with envelopes or mailing labels for every involved party. Refer to Superior Court, Probate Division Rule 308 for specific additional details regarding filing requirements and to Estate of Torchiana, 121 WLR 2477 (Super. Ct. 1993).
DC Code, sec 21-2060 and Superior Court, Probate Division Rule 308 contain more specific information.
An attorney petitioner must also file a certificate pursuant to Administrative Order 04-06. Non-lawyer fiduciaries must file an affidavit pursuant to Administrative Order 04-07.
Objections to the petition for compensation must be filed with the Register of Wills and a copy thereof served on the petitioner, all parties, and anyone who has filed an effective request for notice within 20 calendar days of the mailing to you of the petition for compensation. There is a filing fee of $25.00.
