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Other Questions - What is the procedure for obtaining a foreign subpoena from the Probate Division?

Submit a copy of the foreign subpoena, a completed Probate Division PBM subpoena form, and a $10.00 fee for each subpoena requested to the Probate Clerk’s Office in the Probate Division on the third floor at 515 5th Street, NW, Washington, DC. The names, addresses, and telephone numbers of all counsel of record and of all parties not represented by counsel must be included either in the foreign subpoena or on the second page of the PBM subpoena form.

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)

Other Questions - Should discovery requests (such as interrogatories, depositions, requests for documents or admissions) be filed at Court?

No. According to Superior Court, Civil Division Rule 5(d), the requesting party must retain the original discovery material or, in the case of depositions, make arrangements for the reporter to retain original and unaltered transcripts made at the party’s request. These materials must be retained until the case is concluded, the time for noting an appeal or petitioning for a writ of certiorari has expired, and any such appeal or petition has been decided.

Getting Started - Why does the designated beneficiary of insurance proceeds receive funeral reimbursement when it was not their personal funds that paid the bill?

The beneficiary of an insurance policy is entitled to keep the proceeds of the policy and is not obligated to spend the money on the decedent’s funeral. Because the law allows repayment of the first $1,500.00 of funeral expenses as a priority distribution, the insurance beneficiary is entitled to be repaid for up to $1,500.00 of funeral costs.

Serving as Personal Representative of a small estate - How long is the small estate process?

Depending on the circumstances, a final order generally issues within 120 days of the filing of a Petition for Administration of Small Estate. If publication is not required and sufficient documentation is filed to verify the amount of the assets of the estate, a final order generally issues within two weeks.

Serving as Personal Representative of a small estate - Why is it necessary to publish notices in a small estate case?

The law requires publication to notify potential creditors when the estate’s assets (real estate and personal property) exceed $1,500.00. However, publication is not required if the heir is the decedent’s spouse or a minor child (under the age of 18) or if the heir is the decedent’s adult child and the estate’s assets are under $11,500.00.