No. Any person who has higher priority to serve and is choosing not to do so must sign a renunciation (not a consent). The renunciation states that the person knows that he or she has higher priority to serve and is still choosing not to do so. The consent does not contain that language.
If you have an attorney, that attorney will prepare the notice for your signature. If you are not represented by an attorney, type the decedent's name in the top line and on line 3 in the body of the notice exactly as it appears in the petition for probate. Type the name(s) of the persons who are asking to be appointed in the first line in the body of the notice and their addresses in the second line. Type the decedent's date of death in the third line. Do not type anything else in the body of the notice. The Probate Division staff will insert the dates.
Once all the required documents have been filed, an order appointing a personal representative is generally issued within 10 to 14 days.
No. Any person can file a petition for probate. However, the process is complicated, and you may wish to hire an attorney to ensure the proper administration of the estate.
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.
Petitions for compensation are generally considered by the Court within 60 days of filing.
Pursuant to Superior Court, Probate Division Rule 225(a), a guardian may elect to claim an ordinary commission in an interim account for ordinary services rendered not to exceed 5% of the amounts disbursed from the estate of the minor. The commission cannot be paid until the account is approved. Pursuant to Superior Court, Probate Division Rule 225(d), for final accounts, a guardian may elect to claim ordinary and turnover commissions in an amount not to exceed 5% of the net assets to be turned over to the minor who has now emancipated.
