Although wills must be filed within ninety days of the person’s death, there is no required time within which the documents needed to open an estate must be filed. However, no one has authority to act for a decedent until an estate is opened, and a personal representative is appointed by the Court.
Yes. File the petition with the estate listed and the address in care of the person most likely to be appointed as personal representative. Correct or amend the List of Interested Persons after the estate is opened, and a personal representative is appointed. Serve notice on the personal representative as required by DC Code, sec. 20-704.
Court costs are set forth in Superior Court, Probate Division Rules 125 and 425. In general, there is a $25.00 fee if the decedent owned one or more pieces of real estate in the District of Columbia, plus an additional fee depending on the value of all other assets/personal property.
$0.01 - $499.99...no cost
$500.00 - $2,500.00...$15.00
$2,500.01 - $15,000.00...$50.00
$15,000.01 - $25,000.00...$100.00
$25,000.01 - $49,999.99...$150.00
$50,000.00 - $74,999.99...$250.00
$75,000.00 - $99,999.00...$350.00
$100,000.00 - $499,999.99...$575.00
In all decedent’s estates in which there is no will or the will does not waive bond, the law of the District of Columbia requires that any person who wishes to serve as personal representative either obtain a signed, written waiver of bond from each interested person or buy a bond from a bonding company. Assets of the estate are used to pay the bond premium. Bond is a type of insurance. If the personal representative misappropriates or otherwise mishandles estate assets, the bonding company will repay the estate the amount lost or the amount of the bond, whichever is less.
A "cc" list is a "copies to" list. Every pleading (i.e., petition or motion) must have an attached order. All orders should end with a "cc" list that includes the names and addresses of the person filing the pleading and of all other parties or interested persons. Envelopes or mailing labels addressed to those persons should be included with the filing. The "cc" list is usually a repetition of the names and addresses in the certificate of service on the pleading plus the name and address of the filer.
"Probating an estate" is the process of collecting the assets of a decedent, paying any claims or bills of the decedent and the costs of administration, and distributing what is left to the heirs if the decedent had no will and to persons named in a will to receive assets if the decedent had a will.
Generally, an account is audited within 30 to 45 days from the date of filing. If no initial audit notice has been received after 60 days, contact the Auditing Branch Manager at (202) 879-9429 to inquire regarding the status of the audit.
Yes. A checklist is available and can be found on pages 6-11 of the Inventory and Accounting Guide.
Yes. A checklist is available on pages 6 to 11 of the Inventory and Accounting Guide and on the Probate Division website.
The forms needed are: (1) Account; (2) Schedules A – L; (3) Schedule K-1 for interim accounts, (4) Financial Account Information (Form 27) (for confidential information under Superior Court, Probate Division Rule 5.1); (5) copies of bank statements; and (6) copies of canceled checks, receipts, or vouchers in support of all transactions. Sometimes, the original bank statements or canceled checks may be requested during the account audit. The Account, Schedules A - L, and Financial Account Information (Form 27) can be found on the Probate Division website.
