Probate Series in Washington, DC



Tracking Your Case Online

This is the last post in our probate series in Washington DC! If you’ve missed any previous articles, check our index to all the posts, where you’ll find articles on everything you’ve ever wanted to know about the probate process in Washington, DC. In this post, we’ll explain to you how you can follow your case, or any case, by checking the docket online.

Electronic Filing Requirements and Exceptions

In this post, we’re talking about electronic filing and how to view the status of your case online. The Probate Division began mandatory e-filing in November 2013. The rule requires all documents submitted in Probate Division cases are to be eFiled by mandatory eFilers and by parties who are not mandatory eFilers but chose to register in a particular case for eFiling.

Timelines and Other Requirements in Major Estate Litigation

We’re almost to the end of our series on probate in Washington, DC! In this post, we’re talking about major estate litigation, timelines and other requirements. We suggest you read our previous articles on probate – they are a wealth of information that may come in handy should you need to deal with a probate matter – and you can see all the posts in our series on the index page for all the posts.

Major Estate Litigation

Whether you’re just interested in learning, or you are looking for information on probate because you need help, the Gormley Law Office is pleased to share this information. We are a full-service law firm in Kensington, Maryland specializing in trusts, estate litigation and probate matters in Washington, DC.

Claims Against Revocable Trusts

A revocable trust allows the grantor to modify the trust but it cannot be revoked after death. The trust is subject to claims after the settlor’s death to the extent the estate outside of the trust doesn’t cover things like creditor claims, costs of administration of the settlor’s estate, the expenses of the deceased settlor’s funeral and disposal of remains, and statutory allowances to a surviving spouse and children.

Notice of Revocable Trust

A Notice of Revocable Trust proceeding is opened to notify interested persons and creditors that a deceased person established a trust prior to death that became irrevocable upon death. A revocable trust allows the grantor to modify the trust. An irrevocable trust can't be modified or terminated without the beneficiary's permission.

Trust Cases Filed in the Probate Division

A trust is created when property is held by one person or entity for the benefit of another or others. Trusts are used for estate planning, and they allow you to place specific conditions/restrictions on how and when your assets are distributed after your death, reduce the amount you pay in estate and gift taxes, and distribute assets to heirs without cost, delay and filing in the probate court. We’ll talk more about trusts in a future series of articles.

Guardianship of Minor Estates

Guardianships of minor estates are used to protect the assets of minor children. They are opened for children under the age of 18 who live in the District of Columbia and who are entitled to receive assets. A guardian of a minor’s estate is responsible for managing and safeguarding the minor’s property until the minor becomes 18 and is different from a guardian/custodian appointed by the Family Court to manage a minor’s personal affairs (e.g., placement, education, health care). Guardianships of minor’s estates cases are governed by D.C. Code, sec. 21-101 et seq.

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.