Probate - General

No.

See DC Code, sec. 19-1512 to determine how the disclaimer is to be delivered. The Probate Division cannot give such legal advice; please seek the advice of an attorney.

The District of Columbia Code (DC Code, sec. 20-303) defines who has the highest priority to serve as a personal representative of an estate. If you are not the person with the highest priority to serve, seeking appointment will be more difficult. Priority to serve is as follows:

1. The personal representative named in the decedent’s will if there is a will
2. If the person dies without a will, the surviving spouse, domestic partner, or children If the person dies with a will, the surviving spouse or domestic partner
3. The residuary legatee in the decedent’s will

There is no deadline for filing a disclaimer. However, you may wish to consult with a tax attorney about the effect of any federal, state, or local deadlines if the disclaimers are being filed for tax purposes.

Yes, inventories and accounts may be mailed to the Probate Division, but it is preferable to file them in person so that they may be reviewed for completeness.

Bond is a type of insurance. A guardian appointed by the Court must purchase a bond in an amount of the assets that the guardian will be holding plus one year’s income. If the guardian misappropriates the money, the bonding company will pay the money back up to the amount of the bond.

There is no set rate of compensation for a personal representative in the District of Columbia. For estates of decedents dying on or after July 1, 1995, the standard is "reasonable" compensation. For estates of decedent’s dying before July 1, 1995, Superior Court, Probate Division Rule 125 set a guideline of 4.5 to 8% of the assets and income of the estate for the combined fee of the personal representative and the attorney for the personal representative.

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)

File a Petition Post Appointment for removal of the conservator in accordance with Superior Court, Probate Division Rule 322. Be specific regarding the reasons for removal of the conservator, and be prepared to appear at a hearing to present your view.

Audits are conducted on a case-by-case basis. Inquiries may differ depending upon the circumstances of the case. If matters are not resolved with the auditor to your satisfaction, please write either P. Allen Butler, III, Auditing Branch Manager, or Anne Meister, Esq., Register of Wills, and request an administrative review. Please note that a request for administrative review will not stay the response period.