Seals of the Court of Appeals and Superior Court
District of Columbia Courts

Getting Started - Where can I find a copy of the rules or laws governing guardianship of minors?

1.Rules 108, 221, 222, 223, and 225 are available on the courts website here. Click on "Superior Court Rules for the Probate Division." 

2.The law is contained in DC Code, Title 21 and is available online on the Council of the District of Columbia’s website. Click on "View DC Official Code: click here."

Serving as a Guardian or Conservator - How can I request a hearing when a petition post appointment is 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.

Definition: What is a bond?

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.

Definition - What is the estate deposit account, and how does it work?

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.

Definition - What is the difference between standard and abbreviated probate?

An abbreviated probate proceeding may be filed by a person having priority to serve as personal representative. Most estate administrations are abbreviated probates. Unusual estates, such as those in which the person seeking appointment does not have priority to be appointed or someone is seeking admission of a copy of a will or exclusion of an original will, require a standard probate proceeding. See DC Code, sec. 20-321, et seq. In standard probate proceedings, there are additional filing requirements and an additional set of publications before a personal representative is appointed. Once a personal representative is appointed, the estate is either supervised or unsupervised. For further information regarding when a standard probate proceeding must be filed and what documents are required, see Filing Standard Probate Proceedings in the District of Columbia.

Definition - What is the difference between a large and small estate?

The assets of a small estate cannot exceed $40,000.00. In addition, a small estate can be opened if the only asset is real estate located outside the District of Columbia. In contrast, the assets of a large estate may include real estate located in the District of Columbia and other assets of any value. A large estate can be opened for litigation purposes, but a small estate cannot.