Rule 125 Court costs
Rule Text
(a) Administration of decedents' estates (testate and intestate). The Court costs to be assessed and collected by the Register of Wills in the administration of decedents' estates shall be assessed on the basis of the value of the probate estate, excluding real estate, at the following rates:
(1) Standard and Abbreviated Probate Proceedings: $ 10,000.01 but less than $ 25,000 $ 100 $ 25,000 but less than $ 50,000 $ 150 $ 50,000 but less than $ 75,000 $ 250 $ 75,000 but less than $ 100,000 $ 350 $ 100,000 but less than $ 500,000 $ 575 $ 500,000 but less than $ 750,000 $ 825 $ 750,000 but less than $ 1,000,000 $ 1,275 $ 1,000,000 but less than $ 2,500,000 $ 1,800 $ 2,500,000 but less than $ 5,000,000 $ 2,300 $ 5,000,000 and over $ 2,300 plus 0.02/% of excess over $ 5,000,000
(2) Special administration proceedings: The costs to be collected by the Register of Wills in proceedings wherein a special administrator is appointed shall be assessed at the rates prescribed for standard and abbreviated probate proceedings (see subparagraph (a)(1) for this Rule).
(3) Court costs attributable to real estate in the District of Columbia: Additional Court costs in the amount of $ 25 shall be assessed in all standard and abbreviated probate proceedings and special administration proceedings wherein real property or properties in the District of Columbia of whatever value, are carried as a probate asset. If proceeds of the sale of real property are included, Court costs shall be assessed in accordance with subparagraphs (a)(1) and (4) of this Rule.
(4) Computation of Court costs. For the purposes of determining initial costs under paragraph (a) of this Rule, the value of the probate estate shall include (i) the initial gross principal value of the assets of the probate estate as determined by the Register of Wills, (ii) the gross value of any increase in the principal value of any probate asset realized upon disposition (other than upon distribution to beneficiaries of the estate) by the personal representative, and (iii) the gross value of any income reported by the personal representative in periodic accounts to the Court, but shall exclude the value of real property in the probate estate except as otherwise provided in paragraph (a)(3) of this Rule. In determining the court costs upon the audit of subsequent accounts, allowance shall be made for costs previously assessed.
(5) Time of payment: The costs to be collected by the Register of Wills under this paragraph shall be paid at the time of filing the 1st account except as otherwise provided herein. Subsequent costs, if any, determined under subparagraph (a)(4) of this Rule shall be assessed and paid at the time of filing each subsequent annual account of the personal representative.
(b) Administration of estates of minors.
(1) Fee Schedule. The costs to be collected by the Register of Wills in the administration of the estates of minors shall be assessed on the basis of the value of the guardianship estate at the following rates: Less than $ 500 No cost $ 500 but less than $ 2,500 $ 15 $ 2,500 but less than $ 10,000 $ 20 $ 10,000 but less than $ 25,000 $ 27 $ 25,000 but less than $ 50,000 $ 35 $ 50,000 but less than $ 100,000 $ 45 $ 100,000 and over $ 60
(2) Time of payment: The costs to be collected by the Register of Wills in the administration of the estates of minors are annual charges. The initial fees shall be assessed and paid prior to the approval of the 1st account. Subsequent fees shall be assessed and paid prior to the approval of each subsequent annual account of the guardian.
(3) Computation of Court costs: For the purposes of determining costs under subparagraph (b)(1) of this Rule, the value of the guardianship estate shall include (i) the initial gross principal value of the assets of the guardianship estate as determined by the Register of Wills, (ii) the gross value of any increase in the principal value of any guardianship asset realized upon disposition (other than upon final distribution to a ward who has attained the age of 18 years) and (iii) the gross value of any income reported by the guardian in periodic accountings to the Court.
(c) Certified copies of wills and letters. Payment of the costs assessed under paragraphs (a) or (b) of this Rule shall entitle the fiduciary to be furnished by the Register of Wills with, where applicable, 2 certified copies of the will (and any codicils thereto) admitted to probate and 12 copies of letters of administration or guardianship, all without further charge.
(d) Miscellaneous charges: ITEM FEE
(1) For filing cases substituting trustees and complaints under SCR-PD 107 $ 120
(2) Administration of Estates not in excess of $ 10,000: (A) Under $ 500 No cost (B) $ 500.01 to $ 2,500 $ 15 (C) $ 2,500.01 to $ 10,000 $ 50
(3) Additional letters of administration or guardianship and nonresident certificates $ 1 per copy
(4) Copies of documents $ .50 per page
(5) To docket claim $ 5
(6) To search records $ 10
(7) Rule or order to show cause, objections to accounts, miscellaneous motions, etc. $ 20
(8) To attend safe deposit box opening $ 25
(9) Institution of proceedings by foreign personal representative (D.C. Code 341 and SCR-PD 127) $ 25*
(10) For certified copy or true seal copy $ 5
(11) Notice of Appeal $ 5 * To be collected by the Register of Wills at the time the notice is submitted to the Register.
(e) Assessment and collection. All Court costs shall be collected by and paid to the Register of Wills at such time or times as the Register of Wills shall direct, except as otherwise specified in paragraphs (a) and (b) of this Rule.
(f) Review of Court costs. Following the close of each fiscal year, the Court shall review the Court costs collected by the Register of Wills during such year and shall make such changes, alterations or additions to the foregoing cost schedules as it considers appropriate in the circumstances.