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-gdnLegal Guardianship
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 Practice
On 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 Event
On 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 Deadlines
On 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 Space
By 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 $637 billion federal contracts marketplace. The all-day event also addressed changes in technology and the rules, regulations, and procedures that companies must follow to conduct business with the government.
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Record Synopsis[edit | edit source]
Probate is the “court procedure by which a will is proved to be valid or invalid” and encompasses “all matters and proceedings pertaining to the administration of estates, guardianship's, etc.”[1] Various types of records are created throughout the probate process. These may include, wills, bonds, petitions, accounts, inventories, administrations, orders, decrees, and distributions. These documents are extremely valuable to genealogists and should not be neglected. In many instances, they are the only known source of relevant information such as the decedent’s date of death, names of his or her spouse, children, parents, siblings, in-laws, neighbors, associates, relatives, and their places of residence. They may also include information about adoption or guardianship of minor children and dependents. For further information about the probate process,types of probate records,analyzing probate records, and to access a glossary of probate terms, see United States Probate Records.
History[edit | edit source]
In 1791, the District of Columbia was created as the seat of the federal government. The areas chosen were taken from parts of Fairfax County, Virginia Genealogy and Montgomery and Prince George's counties of Maryland. Probate records prior to 1800 for the District of Columbia were kept by the appropriate courts of Virginia and Maryland. After the relocation of the District of Columbia in 1810, local government offices were established. In 1846, the area taken from Virginia was returned with the pre-1846 records as well.
- A history of the creation of the District of Columbia and the resultant record-keeping services can be found at Ancestry. ($)
- A discussion of District of Columbia Probate Records written by Johni Cerny in Red book: American State, County, and Town Sources can be found at Ancestry. ($)
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
- The Probate Division has up-to-date information regarding probate policies in the Superior Court of DC.
A series of transcripts from 1801 to 1919 and the original wills from 1801 to the present are available at:
Register of Wills and Clerk of the Probate CourtU.S. Courthouse
500 Indiana Avenue, N.W., Room 5000
Washington, DC 20001
Telephone: 202-879-1499
Internet: //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:
- Provine, Dorothy S. Provine. Index to District of Columbia Wills (1801-1920). Baltimore: Genealogical Publishing, 1992. FHL Book 975.3 P22p, book.
- Pippenger, Wesley E. Index to District of Columbia Estates: 1801-1929. Westminster, Maryland: Heritage Books, c2008. FHL Book 975.3 P22pwe.
- Pippenger, Wesley E. District of Columbia Guardianship Index 1802-1928. Westminster, Maryland: Willow Bend Books, c1998. FHL Book 975.3 P22pw.
- Provine, Dorothy S. Index to District of Columbia Wills: 1921-1950. Lovettsville,VA: Willow Bend Books, 1996 FHL 975.3 P22p Vol.1 and 2 WorldCat
- District of Columbia. Clerk of the Superior Court (Main Author). Guardianship Case Index (District of Columbia), 1801-1997. Salt Lake City, Utah: Filmed by the Genealogical Society of Utah, 1997. FHL Films 2073131, 2073162-2073164(4 films).
PROBATE RECORDS:
- Bell, Mrs. Alexander H. Abstracts of Wills in the District of Columbia, 1776-1815. Two Volumes. Washington, D.C.: Bell, 1946. FHL Book 975.3 S2b, vol. 2 on film 207695, vols. 1 and 2 on fiche 6051443.
- Pippenger, Wesley E. District of Columbia Probate Records : Will Books 1 through 6, 1801-1852 and Estate Files, 1801-1852. Westminster, Maryland: Family Line, c1996. FHL Book 975.3 P28p.
- Daughters of the American Revolution (District of Columbia), Genealogical Collection, ca. 1700-1900 [Daughters of the American Revolution (District of Columbia)]. Salt Lake City, Utah: Filmed by the Genealogical Society of Utah, 1976. FHL Film 845766-870166 (51 films).
- District of Columbia. Register of Wills, Probate Records (District of Columbia), 1801-1930. Salt Lake City, Utah: Filmed by the Genealogical Society of Utah, 1996-1997. FHL 2050077-2069435(133 films). Published indexes 1801-1950 FHL Book 975.3 P22p.
- Daughters of the American Revolution (District of Columbia). Record, Abstract of Wills, Municipal Court, Washington, D.C., vol. 4, 1828-1837.19--. FHL Book 975.3 S2.
- Virginia. County Court (Alexandria County) (main author). Will books, 1800-1878; Index to Wills, 1800-1951. Salt Lake City, Utah: Filmed by the Genealogical Society of Utah, 1951. FHL Film 30499-30475(6 films).
- Langille,
Letitia A. Wills, Book IV, Dated 1799 to 1837: as recorded in the Office of Register of Wills, Municipal Court, Washington, D.C. Salt Lake City, Utah: Filmed by the Genealogical Society of Utah, 1972. FHL Film 907978.
Websites[edit | edit source]
References[edit | edit source]
- ↑ Henry Campbell Black, Black's Law Dictionary, 5th ed. (St. Paul, Minnesota: West Publishing Co., 1979), 1081, "probate."
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