Skip to main content

Rule 410 Claims against estate

PART III

(a) Petition. Petitions for order directing payment of claims prescribed by D.C. Code § 20-909(a) shall be in substantially the following format: IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA PROBATE DIVISION Estate of Administration No. ......... .............. Deceased. PETITION FOR ORDER DIRECTING PAYMENT OF CLAIM PURSUANT TO D.C. CODE § 20-909(a) The undersigned claimant hereby petitions the Court for an order directing payment of a claim against the above-entitled estate. 1. Name of claimant: 2. Address of claimant: 3. Date of mailing or delivery of claim to Register of Wills or personal representative: 4. Amount of claim: 5. Basis of claim (check appropriate lien) ... Funeral expenses, not exceeding $ 1,500. ... Fiduciary and attorney's fees, not exceeding $ 1,000. ... Homestead allowance, not exceeding $ 15,000. ... Family allowance, not exceeding $ 15,000 ... Exempt property, not exceeding $ 10,000. ... Reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending the decedent. ... Rent in arrears for which an attachment might be levied by law. ... Judgments and decrees of courts in the District of Columbia. ... Other just claims. 6. The petition is being filed because the claim has not been rejected but has not been paid within 8 months from the date of first publication of the Notice of Appointment, Notice to Creditors, and Notice to Unknown Heirs. 7. The time for presentation of claims has expired. I do solemnly declare and affirm under penalty of law that the contents of the foregoing petition are true and correct to the best of my knowledge, information and belief. ............................ Claimant Dated: ......... CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition for Order Directing Payment of Claim Against Estate Pursuant to D.C. Code § 20-909(a) was this .... day of ....., 20.., mailed, by first class mail, postage prepaid, (or delivered) to (personal representative or attorney for the personal representative) ....................................... (Signature of Claimant or Claimant's Attorney)

(b) Response to petition. The personal representative or the attorney for the personal representative shall have 10 days from the date of mailing or delivery of the Petition for Order Directing Payment of Claim as shown on the Certificate of Service, to file a response and to mail or deliver a copy thereof to the Claimant or the Claimant's Attorney. See also, SCR-PD 407(e).