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Other Questions - I have been told to come to the Probate Division to pick up letters. How is this done?

Letters of Administration are the formal document issued by the Court after a petition for probate is filed and the Court issues an order opening the estate and appointing a personal representative. When a personal representative is appointed in a large estate proceeding, 12 original Letters of Administration are included in the materials sent to the personal representative or counsel for use in administering the estate. Additional Letters may be ordered by the personal representative or counsel at a cost of $1.00 each. To request appointment as personal representative, see Filing for the Administration of a Decedent’s Estate (ADM) in the District of Columbia.

Serving as a Guardian of a Minor - What are the rights of parents or custodians of minors with respect to notices?

Notices do not have to be sent to parents or custodians. However, a parent or custodian can ask the Court to be allowed to participate as a party by filing a Petition for Permission To Participate. If the Court grants the request, the parent or custodian then has the right to receive copies of all documents that are filed.

Serving as a Guardian of a Minor -How can money from the guardianship be spent? Can guardianship funds be used to pay for gifts, equipment, and other things that the guardian wants for the minor?

The funds of a minor can only be spent on three types of expenditures without prior Court order: (1) the bond premium, (2) Court costs, and (3) income tax on the money of the minor that is being held by the guardian. All other expenditures must be preapproved by the Court. To obtain approval, the guardian files a Petition for Authority To Expend Funds, asking the Court to approve a particular expenditure and attaches any backup documentation, such as the quote for a computer or the brochure for a summer camp. A Financial Statement from the parent(s) should also be attached. Parents are responsible for food, clothing, shelter, and medical care for minors, and the Court will wish to know why the parent is not paying if the expenditure that is being requested is for one of those expenses.

Serving as a Guardian of a Minor -In an emergency, can money be spent without the permission of the Court and the expenditures later be presented to court for ratification?

Ordinarily, the funds of a minor are not to be used for the support of the minor because parents are responsible for support. Therefore there should be no emergencies. If an emergency does occur and the guardian spends money without prior Court approval, the guardian can file a petition for ratification (approval) of the expenditure but will be personally responsible for repaying the money if the Court does not ratify (approve) the expenditure.

Getting Started - What happens if I am not the custodial parent of the minor?

The parents of the minor have priority under the law in the District of Columbia to serve as the guardian of a minor, and a custodial parent is more likely to be appointed as a guardian than a noncustodial parent. If custody of the child has been granted to a nonparent by the Court, that custodian is more likely to be appointed than the parents.