Getting Started - Do all wills have to be filed?
Yes. The law requires that a will be filed within 90 days after the death of the testator (i.e., the person who executed or signed the will).
Probate - General
Getting Started - Can I retain the original will and file a copy?
No. The original will must be filed with the Probate Division of the Superior Court of the District of Columbia.
Getting Started - Can a will be filed prior to death?
No. A will may be filed only after the death of the person who signed the will.
Getting Started - Who has priority to serve as personal representative?
If there is a will, the person nominated in the will has priority to serve. A surviving spouse is next; then children or the residuary legatees. Consult DC Code, sec. 20-303 for the order of priority to serve as personal representative.
Getting Started - Where are the law and rules regarding probate?
1. The rules are available on the here.
2. The law is contained in DC Code, Title 21 and is available online on the Council of the District of Columbia’s website.
Getting Started - What if the decedent used different names during his or her life?
An estate proceeding is opened in the name that the decedent used to sign a will if there is one. Any other version of the decedent’s name typed in the will is listed as an "aka." If there is no will and the decedent owned assets in different names during his or her life, the name used most often should be first, and other versions can be listed as "aka’s." For example, John Howard signed his will John Q. Howard, but both versions of his name are included in his will. The estate is opened as "John Q. Howard, aka John Howard."
Getting Started - What forms must be filed to open a case for the appointment of a guardian and/or conservator?
Serving as a Guardian or Conservator - How can I request a hearing when a petition post appointment is filed?
After a guardian or conservator has been appointed by the Court, a Petition Post Appointment may be filed to request Court action concerning an issue that arises in the intervention proceeding. A notice called Notice of Right to Respond and/or Request an Oral Hearing must be mailed to all parties with the Petition Post Appointment.
Definition: What is a bond?
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.
Definition - What is unclaimed property?
"Unclaimed property" refers to an asset that is being held by the Unclaimed Property Office of the DC Office of Finance and Treasury. Unclaimed property of a decedent will be released only to a duly appointed personal representative, so an estate must be opened.