Getting Started - Can a will be filed prior to death?
No. A will may be filed only after the death of the person who signed the will.
No. A will may be filed only after the death of the person who signed the will.
If there is a will, the person nominated in the will has priority to serve. A surviving spouse is next; then children or the residuary legatees. Consult DC Code, sec. 20-303 for the order of priority to serve as personal representative.
1. The rules are available on the here.
2. The law is contained in DC Code, Title 21 and is available online on the Council of the District of Columbia’s website.
An estate proceeding is opened in the name that the decedent used to sign a will if there is one. Any other version of the decedent’s name typed in the will is listed as an "aka." If there is no will and the decedent owned assets in different names during his or her life, the name used most often should be first, and other versions can be listed as "aka’s." For example, John Howard signed his will John Q. Howard, but both versions of his name are included in his will. The estate is opened as "John Q. Howard, aka John Howard."
Petition for general proceeding; Order Appointing Counsel, Examiner, Visitor and/or Guardian ad Litem; Notice of Initial Hearing to Subject Pursuant to 325(b); and Notice of Initial Hearing to Other Pursuant to 325. Note that each order must include a "cc" list with the names and addresses of all parties, including the subject, and envelopes or mailing labels for each party must be filed.
After a guardian or conservator has been appointed by the Court, a Petition Post Appointment may be filed to request Court action concerning an issue that arises in the intervention proceeding. A notice called Notice of Right to Respond and/or Request an Oral Hearing must be mailed to all parties with the Petition Post Appointment. If you object to the relief requested or want to request an oral hearing, file a written response or request for a hearing or both within thirteen business days of the date upon which the petition was mailed to you. The mailing date is in the certificate of service on the last page of the petition post appointment. A Request for Oral Hearing form can be submitted to request a hearing. A Response to Petition Post Appointment can also be submitted.
Bond is a type of insurance. A guardian appointed by the Court must purchase a bond in an amount of the assets that the guardian will be holding plus one year’s income. If the guardian misappropriates the money, the bonding company will pay the money back up to the amount of the bond.
"Unclaimed property" refers to an asset that is being held by the Unclaimed Property Office of the DC Office of Finance and Treasury. Unclaimed property of a decedent will be released only to a duly appointed personal representative, so an estate must be opened.
It is a chart of blood relationships that can be used to determine who the heirs are in an estate and whether there are any heirs to the fifth degree of consanguinity. If a decedent died without a will and there are no heirs to the fifth degree, the assets of an estate go to the District of Columbia in accordance with DC Code, sec. 19-701.
When an heir or legatee who is to receive liquid assets from an estate cannot be found, the personal representative can file a Petition to Deposit Funds into the Estate Deposit Account to deposit the money into the estate deposit account, a special account held by the Probate Division of the Superior Court, until the person comes forward, files a Petition for Release of Funds Held in the Estate Deposit Account, and obtains an order releasing the money to that person.