Seals of the Court of Appeals and Superior Court
District of Columbia Courts

Intervention Proceedings (INT/IDD) FAQs

Accounting Question - What is Financial Account Information form (form 27)?

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.

Accounting Questions - If a summary hearing for failure to satisfy audit requirements has been set and the requirements are satisfied before the scheduled summary hearing date, will the hearing be vacated (cancelled) so

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.

Accounting Questions - Is there a fee for filing an objection to an account or inventory?

There is a $20.00 fee for filing an objection to an account in a decedent’s estate.

Accounting Questions - Once an accounting is filed, how do I find out which auditor has been assigned to the account?

Telephone the Duty Auditor at (202) 879-9447, or call (202) 879-9434 for the assigned auditor’s name and telephone number about two (2) days after the account is filed.

Accounting Questions - Once audit requirements are submitted, how long does it take for the auditor to review the requirements?

Generally, requirements are reviewed within 2 weeks of submission. However, in complex matters or accounts with extensive audit requirements, the process may take longer.

Accounting Questions - What do I file as receipts if the bank does not return checks?

File a written statement signed by the distributee listing, specifically, the monetary amount of the final distribution received by the distributee.

Accounting Questions - Why do inquiries from auditors sometimes differ even though situations are similar?

Audit inquiries may differ depending upon the circumstances of the case. If there is a question regarding a particular audit that cannot be resolved with the auditor performing the audit, write either P. Allen Butler, III, Auditing Branch Manager or Anne Meister, Esq., Register of Wills, and request an administrative review. Note that a request for administrative review will not stay the response period.

Definition - What is a ward?

A ward is a person who has been found to be incapacitated by the Court.

Fees - Must a petition for compensation be served on other parties before it can be filed with the court?

Yes, pursuant to Superior Court, Probate Division Rule 308(c)(4), a petition for compensation may not be filed with the court unless it has been served at least twenty (20) calendar days prior to the filing of the petition. The petition shall be accompanied by a certificate of service showing compliance with the requirement.

Fees - Must a petition for compensation be served on other parties before it can be filed with the court?

Yes, pursuant to Superior Court, Probate Division Rule 308(c)(4), a petition for compensation may not be filed with the court unless it has been served at least twenty (20) calendar days prior to the filing of the petition. The petition shall be accompanied by a certificate of service showing compliance with the requirement.

Fees - What if the petition for compensation is being filed late?

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”).

Fees - What if the petition for compensation is being filed late?

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”).

Fees - What is the hourly rate for payment from the Guardianship Fund?

Hourly Rate as of October 1, 2023, from the Guardianship Fund: 1) Attorneys serving as a guardian, conservator, special conservator, guardian ad litem or visitors. $110 (Administrative Order 23-01) 2) Participants in the Non-Lawyer Pilot Program serving as a guardian. $80 3) Medical doctors appointed by Superior Court to serve as an examiner and make a capacity assessment. $120 (Administrative Order 23-19) 4) All other licensed health care professionals serving as an examiner.

Fees - What is the timeframe for objecting, who is served, and is there a fee?

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.

Fees - What is the timeframe for objecting, who is served, and is there a fee?

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.

Fees - What other documents should be filed with the petition for compensation?

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.

Fees - What other documents should be filed with the petition for compensation?

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.

Fees - Who is served with the petition for compensation?

Pursuant to Superior Court, Probate Division Rule 308(d), any petition for compensation that includes services provided at the initial hearing is served, together with the Notice of Petition for Compensation, on all interested parties, including (1) the subject, ward, or protected individual, (2) a Court-appointed examiner, (3) a Court-appointed visitor, (4) a Court-appointed guardian ad litem, (5) counsel for the subject, (6) any person who has been granted permission to participate, (7) any person who has filed an effective request for notice, and (8) any other person as directed by the C

Fees - Who is served with the petition for compensation?

Pursuant to Superior Court, Probate Division Rule 308(d), any petition for compensation that includes services provided at the initial hearing is served, together with the Notice of Petition for Compensation, on all interested parties, including (1) the subject, ward, or protected individual, (2) a Court-appointed examiner, (3) a Court-appointed visitor, (4) a Court-appointed guardian ad litem, (5) counsel for the subject, (6) any person who has been granted permission to participate, (7) any person who has filed an effective request for notice, and (8) any other person as directed by the C

Other Questions - What documents need to be verified to be filed in the Probate Division?

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)

Other Questions - What is the procedure for obtaining a foreign subpoena from the Probate Division?

Submit a copy of the foreign subpoena, a completed Probate Division PBM subpoena form, and a $10.00 fee for each subpoena requested to the Probate Clerk’s Office in the Probate Division on the third floor at 515 5th Street, NW, Washington, DC. Make sure that the names, addresses, and telephone numbers of all counsel of record and of all parties not represented by counsel are included either in the foreign subpoena or on the second page of the PBM subpoena form.

Other Questions - What is the procedure for obtaining a subpoena for medical records from the Probate Division?

In the District of Columbia, medical records are protected by a doctor-patient privilege set forth in DC Code, sec. 14-307. Unless the person who is the subject of the records or that person’s legal representative consents, a doctor or mental health professional cannot disclose any information, confidential in its nature, obtained while attending the person in a professional capacity that was necessary to enable the doctor or mental health professional to act in a professional capacity.