Rule 103 Notice
Rule Text
(a) Standard probate.
(1) The notice required for standard probate pursuant to D.C. Code § 20-323(b) shall be in the following form: SUPERIOR COURT OF THE DISTRICT OF COLUMBIA PROBATE DIVISION In re: Estate of ) ) ) Administration No. ........................... ) Deceased. ) Notice is hereby given that a petition has been filed in this Court by ......... for standard probate, including the appointment of 1 or more personal representatives. Unless a complaint in accordance with Superior Court Probate Division Rule 107 is filed in this Court within 30 days from the date of 1st publication of this notice, the Court will take the action hereinafter set forth. Upon proof satisfactory to the Court of due execution by affidavit of the witnesses to the will, the Court will enter an order admitting the will to probate and appointing 1 or more personal representatives. In the absence of a will or proof satisfactory to the Court of due execution, the Court will enter an order determining that the decedent died intestate and appointing 1 or more personal representatives. Date of 1st publication: Name of newspaper: Register of Wills Clerk of the Probate Division
(2) Any person entitled to request standard probate pursuant to D.C. Code §§ 20-321, 322 and 331, shall present to the Register of Wills 3 copies of the form described in subparagraph (a)(1) above. The Register of Wills shall forthwith forward copies thereof to the designated newspapers in accordance with D.C. Code § 20-323.
(3) Within 10 days from the date of 1st publication, the person seeking standard probate shall mail a copy of the notice to all interested persons by certified or registered mail, return receipt requested, with delivery restricted to the addressee only.
(4) The person seeking standard probate or such person's representative shall file proofs of publication and a verified statement evidencing that a copy of the notice was timely mailed to all interested persons. If, after diligent effort, the person seeking standard probate has been unable to ascertain the address of any interested person, that fact shall be made known in the verified statement filed. If unknown heirs at law are interested persons, the current status of their identity and/or whereabouts must be alleged in the verified statement.
(5) In lieu of the notice prescribed by this Rule, proof of actual notice or personal service will suffice.
(b) Notice of appointment (abbreviated and standard probate).
(1) At the time of filing the petition for probate, there shall be filed 4 copies of the notice prescribed by D.C. Code § 20-704(a), completed to the extent possible. Immediately upon appointment of a personal representative, the Register of Wills shall complete the publication form and forward copies to the designated publishers.
(2) The notice of appointment and notice to creditors prescribed by D.C. Code 1981, § 20-704(a) and referred to in paragraph (b) of this Rule shall be in the following form: SUPERIOR COURT OF THE DISTRICT OF COLUMBIA PROBATE DIVISION ADMINISTRATION NO. ............................. (Name of decedent) ....................................... (Name and address of attorney) NOTICE OF APPOINTMENT, NOTICE TO CREDITORS AND NOTICE TO UNKNOWN HEIRS ...................., whose address(es) (is/are) , (was/were) appointed personal representative(s) of the estate of ..............., who died on ..............., (with/without) a will. All unknown heirs and heirs whose whereabouts are unknown shall enter their appearance in this proceeding. Objections to such appointment (or to the probate of decedent's will) shall be filed with the Register of Wills, D.C., 500 Indiana Avenue, N.W., Washington, D.C. 20001, on or before ............... Claims against the decedent shall be presented to the undersigned with a copy to the Register of Wills or filed with the Register of Wills with a copy to the undersigned, on or before ..............., or be forever barred. Persons believed to be heirs or legatees of the decedent who do not receive a copy of this notice by mail within 25 days of its first publication shall so inform the Register of Wills, including name, address and relationship. First published: .................... (To be signed by personal representative) Name of newspaper: TRUE TEST COPY ........................ ........................ REGISTER OF WILLS
(3) No later than 20 days after appointment, the personal representative shall send by certified or registered mail to all heirs and legatees copies of the text of the 1st notice prescribed by D.C. Code § 20-704(a), and the general information statement prescribed by D.C. Code § 20-704(b), unless notice under this subsection has already been given. The personal representative shall file with the Register of Wills at the time of filing the inventory and appraisal pursuant to D.C. Code §§ 20-711 and 20-712, proofs of publication and a certification specifying the date of mailing and the persons to whom mailed.
(4) When discovery of a new or later will necessitates republication under D.C. Code 1981, § 20-704(c), the following text shall be utilized in the body of the notice: ........................................, whose address(es) (is/are) ................... (was/were) appointed personal representative(s) of the estate of ......... who died on ......... with a will. Objections to such appointment or to the probate of decedent's will shall be filed with the Register of Wills, District of Columbia, 500 Indiana Avenue, N.W., Washington, D.C. 20001 on or before ...............