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In the District of Columbia, legal guardianship for minors and “incapacitated adults” is implemented through the Superior Court of DC Probate Division Court. An "incapacitated individual" is defined in District of Columbia law, contained as D.C. Code, sec.
21-2011, as an adult whose ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that he or she lacks the capacity to manage all or some of his or her financial resources or to meet all or some essential requirements for his or her physical health, safety, habilitation, or therapeutic needs without court-ordered assistance or the appointment of a guardian or conservator. The ability to manage financial resources is defined as
those actions necessary to obtain, administer, and dispose of real and personal property, intangible property, business property, benefits, and income. The ability to meet essential requirements for physical health or safety is defined as those actions necessary to provide health care, food, shelter, clothing, personal hygiene, and other care without which serious physical injury or illness is more than likely to occur. For issues related to Guardianship of a Minor or Incapacitated Adult,
please contact the DC Superior Court at 202-879-1010 or visit their websites, Adult guardianship: www.dccourts.gov/services/probate-matters/intervention-proceedings-int-idd Minor guardianship: www.dccourts.gov/services/probate-matters/guardianship-of-minors-estates-gdn March 07, 2022 On March 4 the Superior Court of the District of Columbia issued Promulgation Order 22-03 approving amendments to the Superior Court Rules of the Probate Division. The rules have been completely reorganized and renumbered, so the court has not provided a marked-up version. These rules do not modify the Federal Rules of Civil or Criminal
Procedure. The amendments take effect on August 22, 2022. Recent News
October 20, 2022 Upcoming Webinar Explores Opportunities in Animal Law PracticeOn October 26, the Animal Law Committee of the D.C. Bar Environment, Energy and Natural Resources Community will explore practice opportunities in the field of animal law during the webinar “Representing the Fuzzy, Feathered, and Finned: Incorporating Animal Law Into Your Practice.”
October 20, 2022 D.C. Bar, BADC Mark Milestone Anniversaries at Joint EventOn October 18, members and leaders of the D.C. legal community gathered at the D.C. Court of Appeals Historic Courthouse to celebrate the 50th and 150th anniversaries, respectively, of the D.C. Bar and the Bar Association of the District of Columbia (BADC).
October 18, 2022 Superior Court Extends Electronic Filing DeadlinesOn October 17 the Superior Court of the District of Columbia issued Administrative Order 22-28 regarding its conversion to a new case management and electronic filing system on October 31.
October 18, 2022 CLE Institute Offers Insights Into Legal & Tech Issues in Government Contracting SpaceBy John Murph and Jeremy Conrad On October 14 the D.C. Bar held its first CLE Institute on Government Contracting Law, highlighting new opportunities and challenges in the $637 billion federal contracts marketplace. The all-day event also addressed changes in technology and the rules, regulations, and procedures that companies must follow to conduct business with the government.
Record Synopsis[edit | edit source]Probate is the “court procedure by which a will is proved to be valid or invalid” and encompasses “all matters and proceedings pertaining to the administration of estates, guardianship's, etc.”[1] Various types of records are created throughout the probate process. These may include, wills, bonds, petitions, accounts, inventories, administrations, orders, decrees, and distributions. These documents are extremely valuable to genealogists and should not be neglected. In many instances, they are the only known source of relevant information such as the decedent’s date of death, names of his or her spouse, children, parents, siblings, in-laws, neighbors, associates, relatives, and their places of residence. They may also include information about adoption or guardianship of minor children and dependents. For further information about the probate process,types of probate records,analyzing probate records, and to access a glossary of probate terms, see United States Probate Records. History[edit | edit source]In 1791, the District of Columbia was created as the seat of the federal government. The areas chosen were taken from parts of Fairfax County, Virginia Genealogy and Montgomery and Prince George's counties of Maryland. Probate records prior to 1800 for the District of Columbia were kept by the appropriate courts of Virginia and Maryland. After the relocation of the District of Columbia in 1810, local government offices were established. In 1846, the area taken from Virginia was returned with the pre-1846 records as well.
State Statutes[edit | edit source]Understanding the District of Columbia probate laws and how they changed over time can help us learn how the estate was administered, taxed, and distributed and might help to solve difficult genealogical problems. Additional information about District of Columbia state statutes relating to probate matters can be found at law libraries. Online digital versions of state statutes can often be found by conducting a search engine search for the term, "District of Columbia statutes." Repositories[edit | edit source]Local[edit | edit source]Addresses for District of Columbia Archives, Libraries, and Societies can be found at Ancestry. Regional[edit | edit source]Maryland State Archives361 Rowe St. Annapolis, MD 21401 Internet: Maryland State ArchivesDistrict of Columbia Office of Public Records 1300 Naylor Court NW Washington, DC 20001-4225 Tel: 202-727-2052 Internet: District of Columbia Archives
A series of transcripts from 1801 to 1919 and the original wills from 1801 to the present are available at: U.S. Courthouse 500 Indiana Avenue, N.W., Room 5000 Washington, DC 20001 Telephone: 202-879-1499 Internet: https://www.dccourts.gov/superior-court/probate-division Wills after 1888, and administrations after 1878, are also at the: U.S. District Court333 Constitution Avenue, N.W. Washington, DC 20001 Telephone: 202-273-0555 Internet: U.S. District Court for the District of Columbia National[edit | edit source]The National Archives has a series of will transcripts from 1801 to 1888, probate administrations (1801-36 and 1854-78) and guardianship papers (1801-78). They also have an index to administration dockets, guardian dockets, and case files. The Family History Library has a collection of both Probate and Guardianship records for the District of Columbia. Statewide Record Collections[edit | edit source]PROBATE INDEXES:
PROBATE RECORDS:
Websites[edit | edit source]References[edit | edit source]
How do I file a will in probate court in DC?Wills are filed with the Probate Division at the Probate Clerk's Office, located at 515 5th Street, NW, Room 314, Washington, DC 20001. The Probate Division does not accept wills before death. The will should be filed within 90 days after the death of the deceased person with a Certificate of Filing Will.
How does probate work in DC?Probate is a legal process that takes place after someone's death. It usually involves proving that the deceased's will is valid, identifying the deceased person's property and having it appraised, paying outstanding debts and taxes, and distributing the property per the will or state law.
Are wills public record in DC?Since a will that is filed with the probate court becomes a public record, those believing they have an interest (whether valid or invalid) can access the document and challenge the will.
What is standard probate in DC?A standard probate proceeding is a proceeding for the probate of a will or a determination of the decedent's intestacy, particularly when due execution of a will cannot be presumed under section 20-312 , and for the appointment of a personal representative.
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Superior court of the district of columbia probate division
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