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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.

Closing the Guardianship of a Minor - How is a case transferred to another state once a minor has moved?

There is no mechanism to transfer a guardianship of a minor’s estate to another state. A petition to appoint a guardian of the estate of the minor would have to be filed and approved in the new state. Then a petition to terminate the guardianship in the District of Columbia would need to be filed and approved by this Court. Authenticated or "triple-sealed" copies of the documents from the other state should be attached to the petition to terminate.

Compensation Questions - Does a request for compensation have to be filed for persons dying on or after July 1, 1995?

No. A petition for compensation is not required to be filed in estates where persons died on or after July 1, 1995. Instead, a person who has a problem with the compensation paid or to be paid must file an objection with the Court and ask the Court to review the reasonableness of compensation claimed or paid.

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.

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)

Why do the attachments to a motion, opposition or other filing have to be filed as one document?

Under court rules, all filings are one document. In the computer world, however, documents tend to be uploaded separately, which unfortunately creates too many docket entries and is confusing. Therefore, you will find two fields on CFX to which to upload documents. The first field is for the "lead" document. This is to be used for the motion or lead opposition document. The second field is for the points and authorities, exhibits, certificate of service and proposed order. You may combine the documents into one and file it as such in the first field if it is under 25 pages.