Accounting Questions - When is the inventory due?
The inventory must be filed no later than 90 days from the date of the order appointing the conservator or successor conservator.
Probate - General
Other Questions - May I oppose the appointment of a guardian?
Yes. A response to a petition for general proceeding may be filed up to five days before the general proceeding and should list any objections for the Judge to consider at the hearing.
Other Questions - How can I schedule a hearing before the Court if I disagree with something that the conservator is or is not doing?
File a Petition Post Appointment in accordance with Superior Court, Probate Division Rule 322 asking the Court to decide what should be done.
Other Questions - How do I have a guardian removed? How do I get appointed to replace a guardian?
File a Petition Post Appointment to remove a guardian. Be specific regarding the reasons for removal. A hearing will be held. The Judge will consider the contents of the petition and the evidence presented at the hearing and decide whether to remove the guardian and whether a successor guardian should be appointed. The successor may be the petitioner, a relative or friend of the ward, or an attorney from the Court’s fiduciary panel.
Other Questions - How do I obtain a subpoena?
Discovery in intervention cases occurs only with the Court’s permission. File a motion requesting permission to issue a subpoena that includes a description of the information that you are seeking and a proposed order. If the Court grants the motion, counsel can issue the subpoena. Persons who are not represented by counsel must come to the Probate Division, Probate Clerk’s Office with 3 copies of a completed subpoena form and a copy of the Court order authorizing issuance of the subpoena so that the subpoena can be issued.
Other Questions - What is a certificate of service, and how do I prepare one?
A certificate of service informs the Court that a copy of the document that is being presented for filing has been mailed to all parties. (See above for an explanation of who is a party.) The date that the copy was mailed to each party and the name and complete mailing address of each party must be included in the certificate of service. Many of the forms on this website contain a certificate of service that can be used or used as an example.
Other Questions - Who are the parties to the case? How do I become a party?
The parties in an intervention proceeding include the subject of the proceeding, any guardian or conservator, the person filing the petition to initiate the intervention proceeding, and a creditor filing a petition to determine claim.
Closing the Guardianship or Conservatorship - How do I deposit money in the estates deposit account?
In an intervention proceeding, file a petition post appointment to deposit funds into the estate deposit account and proposed order. In a decedent’s estate, file a petition to deposit funds into the estate deposit account and proposed order. If the Court grants the motion, go to the Probate Clerk’s Office, Room 314,at 515 5th Street, NW, with a copy of the order and a check made payable to the Register of Wills for no less than the amount of money that the order states is to be deposited.
Closing the Guardianship or Conservatorship - Closing the Guardianship or Conservatorship - How do I withdraw money from the estates deposit account?
File a petition for release of funds held in the estate deposit account and order. If the Court grants the motion, go to the Probate Clerk’s Office on the third floor at 515 5th Street, NW, with a copy of the order and identification and contact information. A check will be mailed from the Court’s Budget and Finance Division after the paperwork is processed.
Closing the Guardianship or Conservatorship - How do I terminate my appointment as conservator when the ward has died?
File a Petition Post Appointment to Terminate Conservatorship of Deceased Ward in compliance with the requirements of Superior Court, Probate Division Rule 334, an account titled “Final” and ending on the date of death, and a final Conservator’s Report within 60 days of the ward’s death. Upon hearing and approval of the final account, the Court will issue an order of termination directing any appropriate conditions for termination of the conservatorship.