Guardians of Minors Estates (GDN)

Closing the Guardianship of a Minor - How is a case transferred to another state once a minor has moved?

There is no mechanism to transfer a guardianship of a minor’s estate to another state. A petition to appoint a guardian of the estate of the minor would have to be filed and approved in the new state. Then a petition to terminate the guardianship in the District of Columbia would need to be filed and approved by this Court. Authenticated or "triple-sealed" copies of the documents from the other state should be attached to the petition to terminate.

Accounting Questions - What documentation is needed when the bank will not provide copies of cancelled checks?

When a guardian is appointed by the Court, letters of guardianship will be issued. After appointment, the guardian should take the letters and the order of appointment to a bank and open an account that contains only the funds of the minor and is titled something like "Estate of Minor Child, Name of Guardian." If possible, that account should be an account that returns cancelled checks or images of cancelled checks. Many banks no longer issue or return cancelled checks.

Accounting Questions - What are the rights of parents or custodians of minors with respect to accountings?

Accountings do not have to be sent to parents or custodians. However, a parent or custodian can ask the Court to be allowed to participate as a party by filing a Petition for Permission To Participate. If the Court grants the request, the parent or custodian then has the right to receive copies of all documents that are filed.

Accounting Questions - When are court costs paid?

Court costs are paid when the first account is filed. A list of costs is contained in Superior Court, Probate Division Rule 206. If more assets are acquired later that increase the value of the estate, additional costs are paid with subsequent accounts. Contact the Duty Auditor at 202-879-9447 for other questions related to the computation of Court costs.

Accounting Questions - When is the inventory of assets due?

Probate Division Rule 204(a)(2) requires that an inventory be filed by the guardian within ninety days after qualification or ninety days after the order bringing the guardian under the Court’s authority, supervision, or direction. If there are no assets to collect, an affidavit to that effect must be filed in lieu of the inventory.

Getting Started - How does one become a guardian?

File a petition for appointment of a guardian of the estate of a minor, a bond, consents from the minor’s parents (if they do not both sign the petition for appointment), an order, and a nomination of guardian signed by the minor if the minor is age 14 or older. The Court will review the documents filed and decide whether appointment of a guardian is appropriate and, if so, who to appoint. Both the minor and the proposed guardian must appear at the Probate Division and meet with an Assistant Deputy Register of Wills at the time of the filing of the petition.