Rule 412 Court order for authority to act
PART III
Rule Text
(a) Petition. Any petition filed by a personal representative pursuant to D.C. Code § 20-742 or, by a person pursuant to D.C. Code § 19-101.05 or D.C. Code § 20-107 (except as provided in D.C. Code § 20-107(c)) shall specifically identify the relief requested, the legal basis therefor (if any), and the reasons why such relief is believed to be appropriate. The petition shall be accompanied by a Certificate of Service.
(b) Hearings and notice of hearings. If the Court determines that a hearing is necessary or advisable with regard to a petition filed:
(i) pursuant to D.C. Code § 20-107(b), the Court shall set a hearing and so advise the unsupervised personal representative; at least ten days prior to the hearing, the unsupervised personal representative shall give written notice of the hearing to the interested persons by certified mail or personal delivery; the unsupervised personal representative shall thereafter certify to the Court in writing that such notice has been given; or
(ii) pursuant to D.C. Code § 20-742 or otherwise under § 20-107, the Court shall set a hearing and give notice as provided in SCR-PD 4.
(c) Exercise of powers limited or restricted by Court order. If the power granted to a personal representative in D.C. Code § 20-741 is limited or restricted pursuant to Court order, and it becomes necessary or advisable to exercise that power, the personal representative shall file a petition with the Court as provided in paragraph
(a) above. In granting the relief requested in such a petition, the Court may impose whatever reasonable requirements it deems advisable under the circumstances of the particular matter to the extent necessary to address the reasons for the imposition of the limitation or restriction.
(d) Limited use of appraisals. For the purpose of granting the relief requested in petitions filed under this Rule, the filing of an appraisal shall not be required unless the Court is being asked to resolve a dispute concerning, or to approve valuation in, a particular transaction. In addition, for the purpose of fixing or increasing the amount of a bond, if any, the inventoried value of property shall generally be used; if appropriate, an additional requirement may be imposed to require an increase in the amount of the personal representative's bond, equal to the excess of any proceeds over the inventoried values prior to the receipt of such excess proceeds.