Rule 415 Waiver of filing inventories and accounts in supervised administration
PART III
Rule Text
(a) Effective waiver. The filing of the waiver of the inventories and accounts, pursuant to the District of Columbia Code, converts supervised administration to unsupervised administration.
(b) Form of waiver. A waiver of filing inventories and accounts pursuant to D.C. Code § 20-731 shall be in substantially the following format: SUPERIOR COURT OF THE DISTRICT OF COLUMBIA PROBATE DIVISION Estate of: Administration No. ................ .............. Deceased. WAIVER OF FILING INVENTORIES AND ACCOUNTS ( ) I ...................., am an heir/legatee of the above-captioned estate. I am aware of my right to require the filing of inventories and accounts with the Court, but I waive this right, knowing that I may revoke this waiver and require the filing of an inventory and accounts by filing a written demand with the Register of Wills within 7 days of sending the final account to the interested persons. I further understand that if all heirs or legatees file Waivers of Filing Inventories and Accounts, this estate will be converted to unsupervised administration. ( ) I am the personal representative and the decedent's will waives the filing of Inventories and Accounts. Date: .............. ............................ (Signature) ( ) The Verification and Certificate Pursuant to Rule 403(b)(4) was filed (insert date) ...................., or ( ) The Verification and Certificate Pursuant to Rule 403(b)(4) is filed below. VERIFICATION AND CERTIFICATE BY SUPERVISED 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: ..............
(c) Interpretation of "heir or legatee". For purposes of D.C. Code § 20-731(a), "an heir or legatee" shall refer to intestate or testate cases, as appropriate, and shall not require the waiver by heirs in a testate case.
(d) Requirements to accompany waivers. Waivers of filing inventories and accounts will be accepted for filing only if court costs have been paid, the personal representative's verification and certificate pursuant to SCR-PD 403(b)(4), and the proofs of publication have been filed.
(e) Fiduciaries who may waive. A guardian, guardian ad litem, committee, conservator, parent, attorney in fact, or other legal representative of an interested person referred to in D.C. Code § 20-101(d)(2)(C), a trustee nominated by will or other document, or any other person acting in a fiduciary capacity, may execute a waiver under D.C. Code § 20-731 for and on behalf of such person's principal. A waiver signed by one acting in any such capacity must be accompanied by a certified copy of a court appointment, if any, or if none, by a verified statement (i) indicating such person's status, (ii) setting forth the nature and date of the instrument, if any, creating such fiduciary relationship and the relevant portions thereof and, (iii) representing that the instrument, if any, is still in full force and effect.