To re-open an estate, an unsupervised personal representative may file a Request for Extension of Personal Representative's Appointment or a petition to re-open. A supervised personal representative must file a petition to re-open. If an estate needs to be re-opened, but the personal representative is no longer available to serve, then a petition to re-open and appoint a successor personal representative should be filed. Please see Re-opening a Decedent's Estate in the District of Columbia.

A Notice of Appeal from a final order or judgment of the Probate Division is filed in the Legal Branch of the Probate Division, Room 312, 515 5th Street, NW, Washington, DC. There is a fee of $100 payable in cash or by check or money payable to "Register of Wills."

A complaint is a lawsuit, and it is recommended that you seek legal advice from an attorney. Complaints filed in the Probate Division must be verified (sworn to), pursuant to Superior Court, Probate Division Rules 107 and 407. When the complaint is presented for filing, it should be accompanied by a summons addressed to each defendant and a filing fee of $120.00 in cash, check or by check or money order payable to the "Register of Wills."

No.

Claims cannot be filed until a personal representative is appointed, even if a special administrator has been appointed. See DC Code, sec. 20-901. Claims can be filed after the six-month claim period expired, but the acceptance of a claim for filing by the Probate Division is not a guarantee that it will be paid.

The law in the District of Columbia requires that the will be filed even if there is no estate. Whether an estate needs to be opened or is solvent is a separate issue.

If a nominated personal representative does not wish to serve, he/she can file a Renunciation.

Once a will has been accepted for filing, it can be released only by order of the Court. To obtain such an order, file a verified petition for release of the will and a proposed order authorizing transfer of the will. The following information must be included in the petition: (1) the facts that indicate that the will was filed in the District of Columbia in error, (2) the facts that explain why another state has jurisdiction, (3) the mailing address and telephone number of the Clerk of the Court in the jurisdiction to which the will is to be transferred who is authorized to accept the will on behalf of that Court. The Court will review the petition and issue an order either granting the petition or denying it. A copy of the order will be mailed to you. If the petition is granted, the Office of the Register of Wills will send the will to the other jurisdiction as a court-to-court transfer.

Letters of Administration are the formal document issued by the Court after a petition for probate is filed and the Court issues an order opening the estate and appointing a personal representative. When a personal representative is appointed in a large estate proceeding, 12 original Letters of Administration are included in the materials sent to the personal representative or counsel for use in administering the estate. Additional Letters may be ordered by the personal representative or counsel at a cost of $1.00 each. To request appointment as personal representative, see Filing for the Administration of a Decedent’s Estate (ADM) in the District of Columbia.

If the Probate Division copies a will for you, it will cost 50¢ per page. If you wish to visit the Probate Division to copy the will yourself, you may do so at the public copier at a cost of 25¢ per page.