(a) A supervised personal representative shall be excused from filing with the Court the inventories required by sections 20-711 and 20-713, and the accounts required by sections 20-721, 20-722, and 20-723 if each heir or legatee signs a written waiver filed with the Register. A waiver under this section shall state that the heirs or legatees are aware of their right to require the filing of inventories and accounts and of their right to revoke the waiver under subsection (b) of this section. Unless the will specifically provides otherwise, a trustee as legatee may authorize and sign a waiver under this section.
(b) Any heir or legatee, including a trustee as legatee, who has signed a waiver under subsection (a) of this section may require the filing of inventories and accounts as provided in subchapters II and III of this chapter by filing a written demand with the Register within 7 days of sending the final account to interested persons.
(c) If the will waives the filing of inventories and accounts, the supervised personal representative shall similarly be excused from filing with the Court such inventories and accounts. In that event, the Court may order the filing of inventories or accounts only after a hearing and for good cause shown.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; Mar. 21, 1995, D.C. Law 10-241, § 3(tt), 42 DCR 63; Apr. 9, 1997, D.C. Law 11-255, § 19(g), 44 DCR 1271; Mar. 24, 1998, D.C. Law 12-81, § 13(c), 45 DCR 745.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 20-731.
Legislative History of Laws
For legislative history of D.C. Law 3-72, see Historical and Statutory Notes following § 20-701.
For legislative history of D.C. Law 10-241, see Historical and Statutory Notes following § 20-701.01.
For legislative history of D.C. Law 11-255, see Historical and Statutory Notes following § 16-701.01.
For legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 20-711.
Miscellaneous Notes
Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-701.01.
(a) A supervised personal representative shall be excused from a formal Court audit of the accounts required by sections 20-721, 20-722, and 20-723 if authorized by written waiver signed by each heir or legatee and filed with the Register. A waiver under this section shall state that the heirs or legatees are aware of their right to require a formal Court audit of accounts and of their right to revoke the waiver under subsection (c) of this section. Unless the will specifically provides otherwise, a trustee as legatee may authorize and sign a waiver under this section.
(b) Upon the filing of a waiver under this section, the Court shall conduct a cursory review to determine if the accounts appear regular on their face and are supported by reasonable documentation.
(c) Any heir or legatee, including a trustee as legatee, who has signed a waiver under subsection (a) of this section, may require a formal Court audit of accounts by filing a written demand with the Register within 20 days of the approval of the final account under section 20-1301.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; Mar. 21, 1995, D.C. Law 10-241, § 3(uu), 42 DCR 63; Apr. 9, 1997, D.C. Law 11-255, § 19(h), 44 DCR 1271; Mar. 24, 1998, D.C. Law 12-81, § 13(d), 45 DCR 745.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 20-732.
Legislative History of Laws
For legislative history of D.C. Law 3-72, see Historical and Statutory Notes following § 20-701.
For legislative history of D.C. Law 10-241, see Historical and Statutory Notes following § 20-701.01.
For legislative history of D.C. Law 11-255, see Historical and Statutory Notes following § 16-701.01.
Miscellaneous Notes
Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-701.01.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; Mar. 21, 1995, D.C. Law 10-241, § 3(vv), 42 DCR 63.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 20-733.
Legislative History of Laws
For legislative history of D.C. Law 3-72, see Historical and Statutory Notes following § 20-701.
For legislative history of D.C. Law 10-241, see Historical and Statutory Notes following § 20-701.01.
Miscellaneous Notes
Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-701.01.
An unsupervised personal representative shall account to interested persons for his receipts, disbursements, and distribution of estate assets at reasonable intervals, or on reasonable demand, and may be compelled to account to the Court in a proceeding initiated by an interested person, following notice and hearing.
(Mar. 21, 1995, D.C. Law 10-241, § 3(ww), 42 DCR 63.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 20-734.
Legislative History of Laws
For legislative history of D.C. Law 10-241, see Historical and Statutory Notes following § 20-701.01.
Miscellaneous Notes
Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-701.01.
(a) Unless otherwise ordered by the Court for good cause shown in a particular matter, the personal representative in an unsupervised administration shall close the estate by filing with the Court a Certificate of Completion, which shall be verified and in a form prescribed by the Court. Such Certificate may be filed at any time, but in no event prior to the expiration of the time for filing creditors' claims against the estate.
(b) The Certificate of Completion shall include a statement that:
(1) the time for the presentation of creditors' claims has expired;
(2) all interested persons have been sent a copy of an account and a notice of each one's right to object within 60 days after such account was sent, and that all claims of that interested person against the personal representative shall be barred unless such an objection is made;
(3) either each interested person has consented in writing to the account as stated, or there was no written objection within the 60-day period described above;
(4) distribution has been made in accordance with such account;
(5) all known claims of creditors which are not barred have been fully satisfied or otherwise settled or, if any claim remains undischarged, whether the personal representative has distributed the estate subject to possible liability with the agreement of the distributees or a detailed explanation of what other arrangements have been made to accommodate all such outstanding liabilities; and
(6) the personal representative has satisfied all administration expenses and other obligations of the estate incurred or authorized by the personal representative, and has otherwise fully administered the estate.
(c) The Certificate of Completion shall also contain a list containing the name and address of each recipient of the copy of the account and the corresponding notice, as well as a certificate of service confirming that each of those individuals or entities also received a copy of the Certificate of Completion.
(d) Any interested person or other recipient of a copy of the account may object to the account by mailing or delivering to the personal representative or to the Court, within the 60-day period described above, a written statement of his or her objections to the account as stated.
(Mar. 21, 1995, D.C. Law 10-241, § 3(xx), 42 DCR 63; Apr. 9, 1997, D.C. Law 11-255, § 19(i), 44 DCR 1271.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 20-735.
Legislative History of Laws
For legislative history of D.C. Law 10-241, see Historical and Statutory Notes following § 20-701.01.
For legislative history of D.C. Law 11-255, see Historical and Statutory Notes following § 16-701.01.
Miscellaneous Notes
Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-701.01.
In the absence of fraud, neither the personal representative nor any distributee of estate property shall be liable for any claim, liability, or damage claimed by any interested person (or any person or entity claiming by or through such interested person):
(1) who has received the notice and copy of the final account of the unsupervised personal representative, and not objected to the final account within the 60-day period described in section 20-735(b); an unsupervised personal representative may send such notice and copy of the final account to any one or more creditors of the decedent or of the estate, and any such creditor not so objecting in a timely manner shall be similarly bound; or
(2) who has not filed an exception to the final account of the supervised personal representative within the time and manner prescribed in section 20- 726.
(Mar. 21, 1995, D.C. Law 10-241, § 3(yy), 42 DCR 63; Apr. 9, 1997, D.C. Law 11-255, § 19(j), 44 DCR 1271.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 20-736.
Legislative History of Laws
For legislative history of D.C. Law 10-241, see Historical and Statutory Notes following § 20-701.01.
For legislative history of D.C. Law 11-255, see Historical and Statutory Notes following § 16-701.01.
Miscellaneous Notes
Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-701.01.
