Rule 423 Termination of appointment of supervised personal representative

A petition for termination of the appointment of the supervised personal representative, the accompanying notice, and the proposed order pursuant to D.C. Code § 20-1301 shall be in substantially the following format and the petition shall have attached to it all receipts not previously filed evidencing proper distribution of assets of the estate. SUPERIOR COURT OF THE DISTRICT OF COLUMBIA PROBATE DIVISION Estate of: Administration No. ................ .............. Deceased PETITION FOR TERMINATION OF APPOINTMENT OF SUPERVISED PERSONAL REPRESENTATIVE Pursuant to D.C. Code § 20-1301, ..............., the personal representative(s) of the above estate, request(s) termination of appointment as personal representative(s), and in support thereof, represent(s) to the Court as follows: 1. .......................... (was) (were) appointed personal representative(s) of the above estate by order of this Court entered ......................, and (is) (are) currently so serving in supervised administration. 2. A request for termination of this appointment (has) (has not) previously been made on the final account approved by this Court (with) (without) formal audit. 3. All creditors' claims have been resolved in accordance with applicable law. 4. The Court has approved the final account of the personal representative(s), and all estate assets have been distributed as stated in that account. 5. Unless previously filed, there are attached to this petition, receipts signed by all of the (heirs) (legatees) of this estate, who are listed below, which receipts reflect all distributions reported in accounts previously approved by this Court: [Name of (heirs) (legatees)] Wherefore, the personal representative(s) pray(s) for termination of appointment in this estate. The undersigned personal representative(s) of the estate of ......, deceased, solemnly declare(s) and affirm(s) under penalty of law that the contents of the foregoing document are true and correct to the best of the personal representative's knowledge, information and belief. ............................ ............................ Personal Representative(s) Dated: ........... CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition for Termination of Appointment of Supervised Personal Representative, as well as the Notice Accompanying said Petition, has been mailed, postage prepaid, to all [heirs/residuary legatees] and to all creditors who have presented their claims but have not been paid in full, and who are listed below, at their last known addresses, this ... day of .........., 20... [Names of heirs/residuary legatees and unpaid creditors] ............................ Personal Representative SUPERIOR COURT OF THE DISTRICT OF COLUMBIA PROBATE DIVISION Estate of: Administration No. ............... .............. Deceased. NOTICE ACCOMPANYING PETITION FOR TERMINATION OF APPOINTMENT OF SUPERVISED PERSONAL REPRESENTATIVE Enclosed with this notice is a copy of the petition for termination of the appointment of the supervised personal representative(s) of the above captioned decedent's estate. You should understand that: 1. you have a right to object to the termination of this appointment; any such objection should be specified in writing in accordance with SCR-PD 412 and delivered to the personal representative(s) and to the Probate Division within 20 days of the date on which this notice was mailed to you; and 2. you have a right to request that the Court hold a hearing on this petition; to exercise this right, you must include in the objection referred to above a request for such a hearing. ............................ Personal Representative(s) or Counsel for Personal Representative(s) Dated: ......... SUPERIOR COURT OF THE DISTRICT OF COLUMBIA PROBATE DIVISION /U Estate of: Administration No. ......... .............. Deceased. ORDER TERMINATING APPOINTMENT OF SUPERVISED PERSONAL REPRESENTATIVE(S) Upon consideration of the petition for termination of the appointment of ................. as supervised personal representative(s) of the estate of the above-captioned decedent, pursuant to D.C. Code § 20-1301, and it appearing to the satisfaction of the Court that all necessary receipts of heirs or legatees have been filed, that due notice of this petition has been given to all residuary legatees or heirs and all creditors who have presented their claims but have not been paid in full and that no objection has been filed, it is by the Court this ..... day of ..............., 20..., ORDERED that the appointment of .............. as the supervised personal representative(s) of the estate of ..............., be and the same hereby is terminated. ............................ JUDGE Copies to: .............................