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Serving as Personal Representative - How do I open an estate account?

First, the personal representative should contact the Internal Revenue Service and obtain a tax identification number for the estate, called an Employer Identification Number (EIN). The telephone number is 800-829-4933. Then the personal representative should take that number, a copy of the order appointing personal representative, an original of the letters of administration, the decedent’s death certificate, and the check or cash that needs to be deposited to the bank of his or her choosing. The personal representative can then open an account titled "Estate of ____________, your name, Personal Representative." It is best to open an account that returns cancelled checks or provides copies with the bank account statements, so it will be easier to keep records of all transactions. The bank account statements and canceled checks will be needed to prepare the account filed with the Court in supervised probate estates.

Other Questions - If a power of attorney was granted before the death of the decedent, is the probate process necessary?

The authority granted in a power of attorney ends the minute that the person who signed the power of attorney dies. The person named as attorney-of-fact in the power of attorney must immediately stop using the power of attorney or will be subject to potential personal liability. If the decedent owned assets in his or her sole name, an estate proceeding must be opened to collect and distribute those assets.

Other Questions - How do I remove a personal representative?

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.

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 SCR-CIV 11, no other pleadings need be verified. Accordingly, motions, answers, responses and oppositions do not need to be verified.