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Foreign Intervention Proceedings

A foreign intervention case is opened when a guardian or conservator of an incapacitated adult who has been appointed by another jurisdiction needs authority to transact business or make health care decisions in the District of Columbia and (1) a guardian or conservator has not been appointed in the District of Columbia and (2) a petition for a protective proceeding is not pending in the District of Columbia.

Intervention Proceedings

You might be less familiar with the other types of cases handled in probate practice. These cases are called “intervention” proceedings, and include conservatorship and guardianship. These two types of proceedings are filed when a friend, family member or any other interested person is concerned about the welfare of a person and files a petition to become conservator or guardian of a person who may be unable to care for themselves in some way, usually their finances and health.

The Pros and Cons of Arbitration

Although you can technically represent yourself in a legal arbitration process, it is not advisable. If more is at stake than what a lawyer will cost you, and you are able to afford a lawyer, making the choice to retain legal representation may be a very smart decision. An arbitration lawyer will allow you to avoid a steep learning curve about the actual process, the topic of the dispute, and other important elements.

Disclaimer Cases

A disclaimer is essentially a way for someone who doesn’t want to accept property from a decedent to allow it to pass to someone else. There are plenty of reasons why someone would want to disclaim. For example, if a house is in bad condition and the beneficiary doesn’t want to take on the responsibility or cost to repair it, he/she could disclaim it and allow another beneficiary to deal with it. Or, a beneficiary may feel that a family heirloom would be better appreciated by another family member, he/she could disclaim the interest in the heirloom.

Opening a Will Case

By now, you know all about small estate proceedings, large estate proceedings, foreign estates, and in this post we’re talking about will cases. These cases aren’t really proceedings – but if there is a will, it must be filed with the Probate Division before or at the same time as the estate proceeding is opened.

How to Open a Foreign Estate Proceeding

Our previous post covered foreign estates and when to use them. In this post, we’re discussing the mechanics of how to open a foreign estate case. The process for opening a foreign estate case in Washington DC requires that the personal representative of the foreign estate file the following documents:

Foreign Estates Proceedings

We know that probate can be a dry, boring subject, but it’s good to have a basic working knowledge of the process before you need to navigate it. The Gormley Law firm is pleased to bring you this information, and don’t forget: we’re here to help! If you have a probate matter, give us a call at 1.240.514.2358 or use the Contact Us feature below!

What Happens After the Large Estate Case is Filed?

We know that probate can be a dry, boring subject, but it’s good to have a basic working knowledge of the process before you need to navigate it. Petitions to open large estates are filed at the Probate Division’s Legal Branch. An Assistant Deputy Register of Wills looks over your petition to ensure that all of the necessary documents have been submitted and that the filings comply with minimum legal requirements.

Large Estate Proceeding Filing Fees

In this post, we’re looking at the filing fees for large estate proceedings. Filing fees are governed by Probate Division Rules 125  and 425 .  The information below is current as of May 2018, and you can check the links for the current information on filing fees. In general, there is a $25.00 fee if there is real estate owned by the decedent in the District of Columbia, plus an additional fee depending on the value of all other assets/personal property: