Probate - General

There is no Court cost to file a petition to become a guardian of the estate of a minor.
 

The forms are available online. Print them out to file. The forms must be filed in person because the proposed guardian and minor must meet with an Assistant Deputy Register of Wills.

No. A will may be filed only after the death of the person who signed the will.

No. The Probate Division handles guardianships of the property or assets of a minor. The Family Division handles petitions for appointment of a custodian of a child when one is needed to make care or custody decisions. A petition for appointment as custodian should be filed in the Family Division.

No. The original will must be filed with the Probate Division of the Superior Court of the District of Columbia.

No. If the person died without a will, you may still file a petition for probate to open an estate and indicate on the petition that the person died intestate (which means "without a will"). If the person died with a will, the will must be filed either before or with the documents needed to open an estate.

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).

Yes. If counsel appointed for the subject believes that it is not advisable for the subject to attend for any reason (such as health issues), counsel can ask the Court to excuse the subject’s appearance by filing a motion to excuse the subject’s or ward’s appearance prior to the hearing. Only the Judge may excuse the subject from the initial hearing.

If the Court has already issued orders appointing counsel or any other participants, file a motion to withdraw. If no orders have been issued, a petition for a general proceeding can be withdrawn by praecipe.

A parent who cannot be located and therefore has not consented to a petition for appointment of a guardian of the estate of a minor can be served by publication or some other method for good cause shown if the Court so orders.