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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. $95 (Administrative Order 23-19) 5) Non-lawyers appointed by the court as a visitor, who conduct a special, independent investigation into specific issues raised by the petition. $100 (Administrative Order 23-19)

Why do I have to submit proposed orders in a format that can be edited and why do I have to email a copy to the court?

The court rules require that a proposed order and service list be included with a motion or petition requesting action by the court. The court may need to edit the proposed order and service list, so the filer is required to email a non-write-protected version of the proposed order* and service list in Word format (i.e., a version that can be modified and/or edited) to ProbateDivisionEfiling [at] dcsc.gov (ProbateDivisionEfiling[at]dcsc[dot]gov). The proposed order and the service list should be attached to the email as two separate documents, and the service list must indicate the method by which each party should be served with the order (e.g., eServed or served by mail). When the proposed order and service list are emailed, the subject line of the email must begin with the case number, followed by the eFile date and then the title of the pleading (e.g., 2014 ADM 000001, eFiled 01/05/2014, Petition for relief).

*There is one exception: Proposed orders downloaded from the court’s website are in PDF format and may be emailed as a PDF. The service list, however, should be created in Word and attached to the email as a Word document.

Compensation Questions - How much can I claim for payment as personal representative of an estate?

There is no set rate of compensation for a personal representative in the District of Columbia. For estates of decedents dying on or after July 1, 1995, the standard is "reasonable" compensation. For estates of decedent’s dying before July 1, 1995, Superior Court, Probate Division Rule 125 set a guideline of 4.5 to 8% of the assets and income of the estate for the combined fee of the personal representative and the attorney for the personal representative.

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)
11. Certificate of Completion - SCR-PD 426

According to Superior Court, Civil Division Rule11, no other pleadings need be verified. Accordingly, motions, answers, responses, and oppositions do not need to be verified.

Accounting Questions - Why do audit inquiries from auditors sometimes differ in similar situations?

Audits are conducted on a case-by-case basis. Inquiries may differ depending upon the circumstances of the case. If matters are not resolved with the auditor to your satisfaction, please write either P. Allen Butler, III, Auditing Branch Manager, or Anne Meister, Esq., Register of Wills, and request an administrative review. Please note that a request for administrative review will not stay the response period.

Accounting Questions - What forms do I need to prepare an account?

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.