Rule 407 Proceedings in contested estate cases
PART III
Rule Text
(a) An action to contest the validity of a will in accordance with D.C. Code § 20-305, or an action for payment of a claim in accordance with D.C. Code § 20-908 or to institute a plenary proceeding in accordance with D.C. Code § 16-3105 may be commenced by any party in interest only by filing a verified complaint with the Register of Wills.
(b) Any other claim for relief that is not required by statute or rule to be commenced by filing a petition may be commenced by filing a complaint or petition.
(c) Except as hereinafter provided, the procedure for actions commenced by filing a complaint, including service of process, shall be governed by the Superior Court Rules of Civil Procedure.
(d) In a complaint brought pursuant to this rule to contest the validity of a will or to institute a plenary proceeding pursuant to D.C. Code § 16-3105, the defendants must be all interested persons, excluding creditors, and all persons needed for just adjudication under Civil Rule 19. In any other complaint against the estate, the defendants must be the personal representative and any other persons needed for just adjudication under Civil Rule 19. In a proceeding to contest the validity of a will, the plaintiff must give notice pursuant to D.C. Code § 20-103 to creditors who are interested persons and must prove service of the notice by certificate of service.
(e) Upon the request of the plaintiff in an action commenced by the filing of a complaint, the Register of Wills must issue a summons in a form prescribed by the Register of Wills.
(f) When a complaint is filed pursuant to this rule, the parties may proceed with discovery pursuant to Civil Rules 26 through 37.
(g) Within 120 days after a complaint has been filed, the Court must conduct an initial scheduling and settlement conference pursuant to Civil Rule 16(b). (h)(1) Except as provided in Rule 413 and D.C. Code § 20-521, all contested matters that are initiated by petition must be treated as motions pursuant to Civil Rule 12-I(d) through (n). (2) Exceptions and objections to reports, petitions, or accounts must be treated as oppositions. The person filing the report, petition, or account may file a reply within 10 days of service of the opposition. The Court may permit discovery under this subsection upon a showing of good cause.