Rule 404 Bonds

(a) Bond pursuant to D.C. Code § 20-502(a). Unless the personal representative is excused from giving bond either by the will or, in either supervised or unsupervised administration, by the written waiver of all of the interested persons, the personal representative shall, at the time of filing the petition for probate, give bond for the benefit of interested persons who did not waive bond and creditors who are not interested persons. If the will does not waive bond, and at any time subsequent to the filing of a petition for probate a creditor becomes an interested person and does not waive bond, the personal representative shall petition to give or increase such a bond within 20 days of presentation of a claim to the personal representative as prescribed in D.C. Code § 20-909. The form of any bond required pursuant to D.C. Code § 20-502(a) shall be in substantially the following format: SUPERIOR COURT OF THE DISTRICT OF COLUMBIA PROBATE DIVISION In re: Estate of ......... Administration No. ....... Deceased BOND OF PERSONAL REPRESENTATIVE PURSUANT TO D.C. CODE § 20-502(a) KNOW ALL BY THESE PRESENTS: That I/we ......... as principal and ......... as surety, are held and firmly bound to the District of Columbia in the sum of ....... dollars. The condition of the above obligation is such that if the said ......... shall well and truly perform the office of the personal representative(s) of the estate of .........., deceased, late of .........., according to law, and shall in all respects discharge the duties required of the personal representative(s) by law without any injury or damage to any interested person or creditor (other than those excluded below, if any) the above obligation shall be void; otherwise it shall be in full force and effect. The foregoing notwithstanding, this bond shall not cover the following: ................................................................... ( ) the interest of the following interested persons who have filed written waivers: ( ) the cash on deposit in an account expressly subject to withdrawal only in a manner that is approved by the Court: ................................................................... ( ) the value of the following real or personal property which cannot be sold or distributed without Court authorization: ................................................................... SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: ............ ................................... (Seal) ............ ................................... (Seal) ................................... Dated this ... day of ....., 20.. ................................... (Seal) ................................... Surety ............................ By: ............................... (Seal)

(b) Bonds pursuant to D.C. Code § 20-502(a-1). If, at any time subsequent to the filing of the petition for probate, any person with an interest in the estate worth in excess of $ 1,000 or any creditor having a claim in excess of $ 1,000 files a demand for bond pursuant to D.C. Code § 20-502(a-1) as described in para- graph (d) below, and the Court orders that the personal representative file a bond or increase an existing bond, said bond shall be filed within 15 days after the later of the date of the order appointing the personal representative or the order requiring such bond, or as otherwise ordered by the Court. The form of any bond required pursuant to D.C. Code § 20-502(a-1) shall be substantially in the following format: SUPERIOR COURT OF THE DISTRICT OF COLUMBIA PROBATE DIVISION In re: Estate of Administration No. ................ ......... Deceased BOND OF PERSONAL REPRESENTATIVE PURSUANT TO D.C. CODE § 20-502(a-1) KNOW ALL BY THESE PRESENTS: That I/we ......... as principal and ......... as surety, are held and firmly bound to the District of Columbia for the use of (person(s) and/or creditor(s) demanding bond) ....... in the sum of ....... dollars. The condition of the above obligation is such that if the said ......... shall well and truly perform the office of the personal representative(s), of the estate of .........., deceased, late of ........, according to law, and shall in all respects discharge the duties required of the personal representative(s) by law without any injury or damage to the interest of the person(s) or creditor(s) listed above, said obligation shall be void; otherwise it shall be in full force and effect for the use of said above-named person(s) or creditor(s), and none other. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: ............ ................................... (Seal) ................................... ............ ................................... (Seal) ................................... Dated this ... day of ........, 20.. ................................... (Seal) ................................... ................................... Surety ............................ By ................................ (Seal)

(c) Value of interest. For the purpose of setting a bond pursuant to D.C. Code § 20-502(a), the amount of the bond shall be equal to the estimated value of the estate less the estimated net distributable share of each person waiving bond, calculated as if estate assets were applied to debts, funeral expenses, family allowance, administration expenses and distributions to heirs, legatees and other claimants in order of priority and according to law. For the purpose of setting a bond pursuant to D.C. Code § 20-502(a-1), the value of the interest in the estate of the person or creditor demanding bond shall be the estimated amount of the net distribution or disbursement due to that person or creditor, calculated as if estate assets were applied to debts, funeral expenses, family allowance, administration expenses and distributions to heirs, legatees and other claimants in order of priority and according to law.

(d) Demand for bond. A demand for bond pursuant to D.C. Code § 20-502(a-1) shall be by petition filed with the Register of Wills in substantially the form set forth below. A copy of said petition must be mailed or delivered to the personal representative (or, if appointment has not occurred, to the person(s) whose appointment as personal representative is requested in the petition). The personal representative (or the person(s) requesting appointment as such) may oppose the petition or the amount of the bond requested by filing a timely opposition with the Register of Wills. PETITION FOR PERSONAL REPRESENTATIVE'S BOND PURSUANT TO D.C. CODE § 20-502(a-1) I, ...................., certify that I am ( ) a person having an interest in the above estate worth in excess of $ 1,000.00, which consists of (specify nature of interest) ................... or ( ) a creditor having a claim in excess of $ 1,000.00, and demand that ...................., Personal Representative(s) of the estate, give bond for my use and benefit in the amount of $ .......... ....................................... Signature of person or creditor, or person authorized to make demand on behalf of creditor NAME: ............................. ADDRESS: .............................. ................................... INSTRUCTIONS This form must be filed with the Register of Wills and a copy mailed to the Personal Representative(s) (or if none has been appointed, the person(s) whose appointment as Personal Representative(s) was requested on the Petition for Probate). Upon request for a bond, the Court may set a hearing to determine if a bond is required.

(e) Failure to file bond. In its order requiring the filing or the increasing of a bond described above, the Court may direct that, if the bond is not so filed or increased within the time specified by this rule or the Court's order, the powers of the personal representative will, upon the expiration of that time period, automatically and without further order of the Court, be suspended until the filing or increase of the required bond. Upon such filing or increase, the original powers of the personal representative shall automatically be reinstated unless otherwise ordered by the Court. The failure to file or increase the required bond may subject the personal representative to removal proceedings in accordance with D.C. Code § 20-526 and SCR-PD 421.

(f) Waiver of bond. The waiver of the personal representative's bond shall be in substantially the following format and may be accompanied by a consent to appointment of a personal representative as set forth in SCR-PD 402. Estate of ......... Administration No. ....... Deceased WAIVER OF PERSONAL REPRESENTATIVE'S BOND I .........., being a competent ( ) adult heir and/or legatee of .........., deceased, or ( ) a creditor of the decedent whose claim in excess of $ 500.00 has not been barred or discharged, and being familiar with the petition of ......... for Letters of Administration, do hereby waive protection of any bond so far as my interest in said estate is concerned. ........... ................................. Witness