Rule 403 Notice

(a) Standard probate.

(1) Form of Notice. 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. Last Known Address of Decedent: ................................... Date of Death of Decedent: ........................................ Notice is hereby given that a petition has been filed in this Court by ......... for standard probate, including the appointment of one or more personal representatives. Unless a responsive pleading in the form of a complaint or an objection in accordance with Probate Division Rule 407 is filed in this Court within 30 days from the date of first publication of this notice, the Court may take the action hereinafter set forth. (Delete all which do not apply.) ( ) admit to probate the will dated ....... exhibited with the petition upon proof satisfactory to the Court of due execution by affidavit of witnesses or otherwise; ( ) order witnesses to the alleged will dated ....... to appear and give testimony regarding its execution; ( ) order .............. who is alleged to have custody of the will dated ....... to deliver it to the Court; ( ) order any interested person to show cause why the provisions of the lost or destroyed will dated ....... should not be admitted to probate as expressed in the petition; ( ) in the absence of a will or proof satisfactory to the Court of due execution, enter an order determining that the decedent died intestate; ( ) appoint an unsupervised personal representative. ( ) appoint a supervised personal representative. ( ) (other) ........................................................ Date of first publication: ........................................ Name of newspapers: ............................................... ................................................................... ................................... Register of Wills Clerk of the Probate Division

(2) Filing of Notice. Any person entitled to request standard probate pursuant to D.C. Code §§ 20-321, 322 and 331 shall present to the Register of Wills three 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) Securing the Witnesses. A Petition for Probate which seeks an order directing witnesses to an alleged will to appear and give testimony regarding its execution shall include, or be accompanied by, a memorandum providing the names and addresses of the witnesses and a statement regarding the efforts made to secure affidavits from the witnesses. A copy of the Petition for Probate, the memorandum and Notice of Standard Probate shall be served on the witnesses in accordance with paragraph (a)(7) of this rule.

(4) Securing Custody of the Will. A Petition for Probate which seeks an order requiring any person alleged to have custody of a purported will to deliver it to the court, shall include, or be accompanied by, a memorandum providing the name and address of the person alleged to have custody of the purported will and the efforts made to induce the person to file it with the Register of Wills or to deliver it to the nominated personal representative. A copy of the Petition for Probate, the memorandum and Notice of Standard Probate shall be served on the person alleged to be in possession of the purported will in accordance with paragraph (a)(7) of this rule.

(5) Admission of Lost or Destroyed Will. A Petition for Probate which seeks an order directing any interested person to show cause why the provisions of a copy of any lost or destroyed will should not be admitted to probate shall include, or be accompanied by, a memorandum containing a concise statement of facts, supported by witness affidavits, that establishes:

(A) That the will was duly executed;

(B) The chain of custody of the original will and whether and why it should or should not be presumed to be revoked;

(C) If the will contains unwitnessed cross outs or interlineations, why the will should not be presumed revoked by physical destruction;

(D) If the will is incomplete or there appear to be missing pages, why the will should not be presumed revoked; and

(E) Any other facts that would show why the will should not be presumed revoked. The memorandum shall establish the facts sufficient to support the admission of the will to probate. The Petition for Probate, memorandum, accompanying documents and Notice of Standard Probate shall be served on the interested persons in accordance with paragraph (a)(7) of this rule.

(6) Finding Intestacy after a Will has been Filed. A Petition for Probate which seeks a finding of intestacy when there is on file a document purporting to be a will of the decedent shall be accompanied by a memorandum containing a concise statement of facts, supported by appropriate witness affidavits, that establishes:

(A) That the will was not duly executed;

(B) That no original will can be found and only a copy was found in the possession of the decedent;

(C) That the markings on the will establish that the will was revoked by destruction; or

(D) Any other facts which establish that the will has been revoked. The memorandum shall also establish that the facts support the denial of the will to probate and a finding of intestacy. A copy of the Petition for Probate, memorandum, accompanying documents, and Notice of Standard Probate shall be served in accordance with paragraph (a)(7) of this rule.

(7) Mailing of Notice. Within 10 days from the date of first publication, the person seeking standard probate shall mail a copy of the notice and any other documents required by this rule to all interested persons, the witnesses, if applicable, or the person alleged to be in possession of the purported will, if applicable, by certified or registered mail, return receipt requested, with delivery restricted to the addressee only.

(8) Proof of Publication and Service. 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, the witnesses, if applicable, or the person alleged to be in possession of the purported will, if applicable. 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. The Court may schedule a hearing on the petition upon a verified statement by the petitioner that the persons required to have been served by this rule have been served in accordance with this rule.

(9) Actual Notice. In lieu of the notice prescribed by this Rule, proof of actual notice or personal service will suffice.

(10) Responsive Pleading. Any interested person, witness or custodian of a will may file a response to the Petition for Probate in the form of a complaint or objection in accordance with Probate Division Rule 407, within the time specified in the Notice of Standard Probate, and serve a copy on the petitioner, other interested persons, the witnesses, if applicable, or the person alleged to be in possession of the purported will, if applicable. The Court may then set the matter for a hearing at which time the Court may treat the petition and a non-complaint response as a complaint and answer subject to the Civil Rules, provided the petitioner pays the complaint filing fee within ten (10) days, or if the response to the Petition for Probate is in the form of a complaint, schedule a status conference after receipt of a responsive pleading from the petitioner, enter an order granting or denying the relief sought, or enter any other order which to the Court may appear appropriate. If no response to the Petition for Probate is filed, the Court may act on the Petition for Probate with or without a hearing.

(b) Notice of appointment (abbreviated and standard probate).

(1) At the time of filing the petition for probate, there shall be filed four 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, § 20-704(a) 1981 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, and will serve (with/without) Court supervision. 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, and to all creditors whose identities are known or whose identities are ascertainable by reasonably diligent effort, copies of the text of the first 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.

(4) Within 90 days after the appointment of the personal representative, the personal representative (whether supervised or unsupervised) shall file with the Register of Wills proofs of publication and a certification specifying the date of mailing of the notices required under subsection (b) of this Rule and the persons to whom the notices were mailed.

(B) The certification of notice referred to in subsection (4)(a) shall be in the following form: VERIFICATION AND CERTIFICATE OF NOTICE BY PERSONAL REPRESENTATIVE PURSUANT TO SCR-PD 403(b)(4) I do solemnly declare and affirm that I have mailed or caused to be mailed a copy of the notice of appointment and general information statement as required in D.C. Code § 20-704

(a) and (b) on the .... day of ....., 19.., to the following persons: (Attach list of names and addresses of all heirs, legatees, and creditors referred to in D.C. Code § 20-704(b).) I do further solemnly declare and affirm that I have previously filed or file herewith proofs of publication as required by SCR-PD 403(b)(4). ................................... ................................... PERSONAL REPRESENTATIVE Dated: ......... Attorney: ....... The foregoing certification shall be included with any inventory filed with the Court pursuant to D.C. Code § 20-711(b) or § 20-713.1(b) [§ 20-713.01(b), 2001 Ed.] and if the personal representative is unsupervised the certification may be filed independent of the inventory.

(5) When discovery of a new or later will necessitates republication under D.C. Code § 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 and is serving (with/without) Court supervision. 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 ........