A motion for leave to late file the petition for compensation can be filed. The original petition for compensation must be attached. There is a $20.00 filing fee for the motion (by check payable to the “Register of Wills”).
The petition should describe the services provided, state the amount requested, be supported by a detailed statement of services, the dates provided, and the time that each service took (rounded to no more than a tenth of an hour), and be accompanied by a proposed order with envelopes or mailing labels for every involved party. Refer to Superior Court, Probate Division Rule 308 for specific additional details regarding filing requirements and to Estate of Torchiana, 121 WLR 2477 (Super. Ct. 1993).
DC Code, sec 21-2060 and Superior Court, Probate Division Rule 308 contain more specific information.
An attorney petitioner must also file a certificate pursuant to Administrative Order 04-06. Non-lawyer fiduciaries must file an affidavit pursuant to Administrative Order 04-07.
Objections to the petition for compensation must be filed with the Register of Wills and a copy thereof served on the petitioner, all parties, and anyone who has filed an effective request for notice within 20 calendar days of the mailing to you of the petition for compensation. There is a filing fee of $25.00.
A fee petition for a guardian should be filed no later than 30 days from the anniversary date of the guardian’s appointment. For example, if you were appointed on March 1, the fee petition should be filed every year on or before April 1. The final fee petition should be filed no later than 60 days after termination of the guardianship. A fee petition for a conservator should be filed either with the annual account or at any time before approval of an annual account that has already been filed.
After a court order authorizing payment from the Guardianship Fund has been issued, payment is made by the General Services Administration. The Budget and Finance Division requires every participant in the Guardianship Fund program to complete a Request to Establish Vendor File. This request form must be mailed or returned by hand to 616 H Street, NW, Suite 600.19, Washington, DC 20001. Faxed copies will not be accepted, and the form must have an original signature or it will not be processed. A Direct Deposit form can be completed at the same time.
Unless the fee petition is filed with an account, it will generally be decided by the Court within 60 days. A fee petition that is filed with an account is forwarded to Court when the account has been audited and is ready for Court approval.
The decision whether to award payment from the Guardianship Fund and how much to award is made by a judge? See In re Ruth M. Tolliver-Woody, 1999 INT 257, 6-11-12 order, in which the Court applies a percentage reduction to a fee request.
