Getting Started - How long does it take for a personal representative to get appointed?
Once all the required documents have been filed, an order appointing a personal representative is generally issued within 10 to 14 days.
Once all the required documents have been filed, an order appointing a personal representative is generally issued within 10 to 14 days.
No. Any person can file a petition for probate. However, the process is complicated, and you may wish to hire an attorney to ensure the proper administration of the estate.
Although wills must be filed within ninety days of the person’s death, there is no required time within which the documents needed to open an estate must be filed. However, no one has authority to act for a decedent until an estate is opened, and a personal representative is appointed by the Court.
Yes. File the petition with the estate listed and the address in care of the person most likely to be appointed as personal representative. Correct or amend the List of Interested Persons after the estate is opened, and a personal representative is appointed. Serve notice on the personal representative as required by DC Code, sec. 20-704.
Superior Court Rules of the Probate Division - Rule 108. Court Costs and Filing Fees
(a) COURT COSTS ON VALUE OF ESTATE.
(1) Court costs are assessed on the value of a decedent’s estate, conservatorship estate, and minor child’s estate subject to a guardianship, excluding the value of real property, as follows:
$500 or less ... No cost (N/C)
Over $500 to $2,500 ... 15.00
Over $2,500 to $15,000 ... 50.00
Over $15,000 to $25,000 ... 100.00
Over $25,000 to $50,000 ... 150.00
Over $50,000 to $75,000 ... 250.00
Over $75,000 to $100,000 ... 350.00
Over $100,000 to $500,000 ... 575.00
Over $500,000 to $750,000 ... 825.00
Over $750,000 to $1,000,000 ... 1,275.00
Over $1,000,000 to $2,500,000 ... 1,800.00
Over $2,500,000 to $5,000,000 ... 2,300.00
Over $5,000,000 to $50,000,000 ... 2,300.00 plus 0.02% of amount over $5,000,000
Over $50,000,000 ... 11,300.00
(2) Court costs in the total amount of $25.00 are assessed for all real property in the District of Columbia.
In all decedent’s estates in which there is no will or the will does not waive bond, the law of the District of Columbia requires that any person who wishes to serve as personal representative either obtain a signed, written waiver of bond from each interested person or buy a bond from a bonding company. Assets of the estate are used to pay the bond premium. Bond is a type of insurance. If the personal representative misappropriates or otherwise mishandles estate assets, the bonding company will repay the estate the amount lost or the amount of the bond, whichever is less. However, the amount of the bond purchased by the person who wishes to serve as personal representative does not include the share of anyone who has waived bond, so if the personal representative does misappropriate or otherwise mishandle estate assets and the bonding company has to pay off, anyone who waived bond does not receive a share of the bond.
Petitions for compensation are generally considered by the Court within 60 days of filing.
Pursuant to Superior Court, Probate Division Rule 225(a), a guardian may elect to claim an ordinary commission in an interim account for ordinary services rendered not to exceed 5% of the amounts disbursed from the estate of the minor. The commission cannot be paid until the account is approved. Pursuant to Superior Court, Probate Division Rule 225(d), for final accounts, a guardian may elect to claim ordinary and turnover commissions in an amount not to exceed 5% of the net assets to be turned over to the minor who has now emancipated. The amount or percentage requested need only be reflected in the account.
A petition requesting compensation from the Guardianship Fund must be filed to obtain a court order authorizing such compensation.
After a court order is issued approving the petition for compensation, payment is effected in collaboration with the Budget & Finance Division.