Probate - General

Serving as Personal Representative - How long are letters of administration valid?

Letters of administration are valid as long as the estate is open. However, many financial institutions want letters that have been issued within 60 days of the date of whatever transaction is being made. Updated Letters for open estates can be purchased for $1.00 each at the Probate Division, 515 5th Street, NW, 3rd Floor, Room 314, Washington, DC 20001, or requested by mail. See above.

Serving as Personal Representative - How do I resign as personal representative of this estate?

Send each interested person a letter stating your intent to resign. If after 15 days, no one has petitioned to be appointed successor personal representative, file a petition asking the Court to allow you to resign, and include a copy of the letter. See DC Code, sec. 20-525.

Serving as Personal Representative - How do I open an estate account?

First, the personal representative should contact the Internal Revenue Service and obtain a tax identification number for the estate, called an Employer Identification Number (EIN). The telephone number is 800-829-4933. Then the personal representative should take that number, a copy of the order appointing personal representative, an original of the letters of administration, the decedent’s death certificate, and the check or cash that needs to be deposited to the bank of his or her choosing.

Serving as a Guardian or Conservator - Which date is the official date of appointment?

The date that the Findings of Fact or order of appointment is docketed is the official date of appointment; however, Letters are not issued until the guardian files an Acceptance and Consent and, when a conservator is appointed, a bond.

Other Questions - If a power of attorney was granted before the death of the decedent, is the probate process necessary?

The authority granted in a power of attorney ends the minute that the person who signed the power of attorney dies. The person named as attorney-of-fact in the power of attorney must immediately stop using the power of attorney or will be subject to potential personal liability. If the decedent owned assets in his or her sole name, an estate proceeding must be opened to collect and distribute those assets.

Other Questions - How do I remove a personal representative?

A personal representative may be removed from a case by order of a judge. The process of removing a personal representative is begun with the filing of either a complaint for removal in the LIT case type (LIT means Major Litigation) or a petition for removal in the estate case (ADM). It is recommended that any person considering removal of a personal representative seek legal advice from an attorney.