A personal representative may be removed from a case by order of a judge. The process of removing a personal representative is begun with the filing of either a complaint for removal in the LIT case type (LIT means Major Litigation) or a petition for removal in the estate case (ADM). It is recommended that any person considering removal of a personal representative seek legal advice from an attorney.
The following pleadings must be verified to be filed in the Probate Division:
1. All Petitions - SCR-PD 2(b) and 3
2. Complaints filed in Probate Matters - SCR-PD 107(a), and 208(a)
3. Accounts - DC Code 20-721
4. Inventories - DC Code 20-711
5. Guardian Reports - SCR-PD 328
6. Assignments - SCR-PD 120 and 420
7. Claims - DC Code 20-905(a)
8. Affidavits of Mailing and Non-Mailing in Standard Probate - SCR-PD 403(a)(8)
9. Any Affidavit - SCR-CIV 9
10. Verification and Certificate of Notice - SCR-PD 403(b)(3)
The following pleadings must be verified to be filed in the Probate Division:
1. All Petitions - SCR-PD 2(b) and 3
2. Complaints filed in Probate Matters - SCR-PD 107(a), and 208(a)
3. Accounts - DC Code 20-721
4. Inventories - DC Code 20-711
5. Guardian Reports - SCR-PD 328
6. Assignments - SCR-PD 120 and 420
7. Claims - DC Code 20-905(a)
8. Affidavits of Mailing and Non-Mailing in Standard Probate - SCR-PD 403(a)(8)
9. Any Affidavit - SCR-CIV 9
10. Verification and Certificate of Notice - SCR-PD 403(b)(3)
In large estates, the claims period expires six (6) months after the first date of publication of the Notice of Appointment, Notice to Creditors and Notice to Unknown Heirs. However, if the personal representative is aware of the existence of a debt, the personal representative must take action with regard to the debt even if no claim has been filed.
If your name is already on a deed to real estate as a joint owner and the deed has already been filed at the Recorder of Deeds, that real estate passes automatically to you at the death of the co-owner, and no probate proceeding is necessary to pass title to that piece of real estate. If your name is already on a deed but not as a joint owner (instead, as a tenant in common), a probate proceeding will be necessary to transfer the decedent’s share of the property to you.
File a verified petition to transfer the will to the state in which the decedent was domiciled, which is where the will should have been filed. The petition must contain (1) facts supporting the argument that the will was filed in the District of Columbia in error and that the other state was the decedent’s domicile at death and (2) the name, address, and telephone number of the Clerk of the Court of the other state who is authorized to accept the transferred will. Include a proposed order authorizing the transfer.
File a motion for an extension of time to comply with the audit requirements and a proposed order, stating the reason why an extension is requested with the Auditing Branch.
Generally, an account is audited within 30 to 45 days. However, if after 45 days, no initial audit notice is received, please contact the Auditing Branch Manager at 202-879-9429.
The forms needed are: (1) Account; (2) Schedules A – L; (3) Schedule K-1 for interim accounts, (4) Financial Account Information (Form 27) (for confidential information under Superior Court, Probate Division Rule 5.1); (5) copies of bank statements; and (6) copies of canceled checks, receipts, or vouchers in support of all transactions. Sometimes, the original bank statements or canceled checks may be requested during the account audit. The Account, Schedules A - L, and Financial Account Information (Form 27) can be found on the Probate Division website.
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