Probate Series in Washington, DC


SELECT CATEGORY:

Categories

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.

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:

Abbreviated Probate in Large Estate Proceedings

If you’ve determined that you must file a large estate case in the Probate Division, you’ll next need to determine which petition to file. There are two: abbreviated and standard. The petition you use depends on the party filing for appointment as personal representative.

Large Estate Proceedings

In this post, we’re talking about Large Estate Proceedings. In part 5, we covered small estate proceedings, so if you missed it, go here, or check out this index to our entire probate series to skip to the part you are interested in. It’s true, probate can be a dry subject. No one likes to talk about death, and there is frequently drama between family members when someone dies. We often hear dramatic stories when the person who dies has a lot of money, and that’s usually when a large estate proceeding is opened.