Probate Division Rules 204(a)(4) and (5) require that accounts be filed annually within thirty (30) days after the anniversary date of appointment. Final accounts must be filed within sixty (60) days after the minor’s eighteenth birthday or the guardian’s death or incapacity. A schedule of mandatory filing dates is provided to the guardian upon appointment.
It is the Financial Account Information form that a guardian is required to file with the account and includes such information as the name on an account, the name and address of the bank or financial institution, and the account number. The form is maintained under seal and is available only to authorized Court personnel unless otherwise included in the public record.
Yes; write P. Allen Butler, III, Auditing Branch Manager or Herbert Files, Supervisory Auditor and request an expedited audit of the account. Reasons for the expedited request must be provided.
Prior to approval of a final account, a conservator may only disburse or expend pursuant to a court order authorizing expenditures or disbursements. Such an order is obtained by filing a petition with the Court for such authority pursuant to Superior Court, Probate Division Rule 334. Otherwise, a conservator should wait until approval of the final account to make final distribution of the deceased ward’s assets.
Generally, an account is audited within 30 to 45 days from the date of filing. If no initial audit notice has been received after 60 days, contact the Auditing Branch Manager at (202) 879-9429 to inquire regarding the status of the audit.
No. A summary hearing can only be vacated by the court (1) at the hearing or (2) by an order in response to a motion to vacate summary hearing filed by the fiduciary. The motion should be filed at least 13 days prior to the date of the hearing, and the Pro Se Motion to Vacate Summary Hearing form may be used. If the motion is filed less than 13 days from the date of the hearing, it should be by consent of all parties. The motion should state the reasons for the delay.
Unless the order appointing the conservator in an INT or IDD case restricts spending in some way, Court approval is not required before expenditures are made unless the expenditure is a fee to the guardian, conservator, or counsel. All expenditures are, however, subject to proper accounting. Receipts, bills, cancelled checks, and bank statements must be filed with the annual account in support of all expenditures. In CON cases (those filed prior to September 30, 1989), Court approval is required before expenditures can be made.
