Case Initiation (Int) - Petition For A General Proceeding

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Case Initiation (Int) - Petition For A General Proceeding is a commonly used form within District of Columbia. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Case Initiation (Int) - Petition For A General Proceeding

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Case Initiation (Int) - Petition For A General Proceeding:

• This form pertains to the State of District of Columbia

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about District of Columbia’s Form Case Initiation (Int) - Petition For A General Proceeding up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct District of Columbia form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some District of Columbia probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Case Initiation (Int) - Petition For A General Proceeding, take a break, and then review. Probate and estate settlement processes in DC are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Case Initiation (Int) - Petition For A General Proceeding online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Case Initiation (Int) - Petition For A General Proceeding to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in District of Columbia.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster District of Columbia can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in District of Columbia. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of District of Columbia is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for District of Columbia probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local District of Columbia probate clerk or court for exact answers regarding Form Case Initiation (Int) - Petition For A General Proceeding, and when in doubt— consult a qualified trust & estates lawyer for that area.

Case Initiation (Int) - Petition For A General Proceeding is one of the many probate court forms available for download through Atticus.

It may also be available through some District of Columbia probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within District of Columbia.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Case Initiation (Int) - Petition For A General Proceeding f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the District of Columbia probate court office.

Case Initiation (Int) - Petition For A General Proceeding is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any District of Columbia-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on District of Columbia Form Case Initiation (Int) - Petition For A General Proceeding. You can use this to get an idea of the context of the form and what type of information is needed.

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA PROBATE DIVISION _________ INT _________ _________ IDD _________ In re ________________________________ Subject PETITION FOR A GENERAL PROCEEDING [ ] Appointment of a guardian of an incapacitated individual [ ] General [ ] Limited [ ] intellectual disability [ ] intellectual disability [ ] other [ ] other [ ] Appointment of successor guardian [ ] General [ ] Limited [ ] Appointment of a conservator of a protected individual [ ] General [ ] Limited [ ] Appointment of a special conservator of a protected individual [ ] Entry of a protective order 1. Petitioner a. Name: ______________________________________________________________ b. Relationship to subject: ______________________________________________________________ 2. Subject a. Name: ______________________________________________________________ b. Age: ______________________________________________________________ c. Address: ______________________________________________________________ ______________________________________________________________ d. Telephone: ______________________________________________________________ e. Specific reasons why the subject is incapacitated (i.e., the diagnoses): ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ f. Alleged incapacity [ ] does [ ] does not arise from intellectual disability. g. A comprehensive evaluation or habilitation plan [ ] does [ ] does not exist. 1 November 2015 – 926.10.v4 3. Nominated guardian and/or conservator if not petitioner a. Name ______________________________________________________________ b. Address ______________________________________________________________ ______________________________________________________________ c. Entitled to serve because ______________________________________________________________ ______________________________________________________________ 4. The Court has jurisdiction because a. D.C. Code, sec. 21-2402.03 [ ] The District of Columbia is the subject’s home state as defined in D.C. Code, sec. 21-2402.01(a)(2). [ ] The District of Columbia is a significant connection state as defined in D.C. Code, sec. 21-2402.01(a)(3) and one of the following applies: 1. [ ] The subject does not have a home state. 2. [ ] The home state court has declined to exercise jurisdiction because the District of Columbia is the more appropriate forum. 3. [ ] No petition or order is pending before the home state or a significant connection state. [ ] The District of Columbia is not the home state or a significant connection state, but the home state and all significant connection states decline to exercise jurisdiction and jurisdiction in the District of Columbia is more appropriate and consistent with Title 11 and the Constitution. [ ] Special jurisdiction exists in accordance with D.C. Code, sec. 21-2402.04 for the following: [ ] Issuance of a protective order as to real or tangible personal property located in the District of Columbia [ ] Appointment of a guardian or conservator for whom a provisional order to transfer a proceeding from another state has been issued. b. Other basis for jurisdiction: _____________________________________________ _________________________________________________________________________ _________________________________________________________________________ 5. No guardian or conservator has been appointed in any other jurisdiction and there are no pending proceedings in any other jurisdiction to do so except _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ 6. The subject’s ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the subject lacks the capacity to take actions necessary to [ ] obtain, administer, dispose of real and personal property, intangible property, business property, benefits, and income and/or [ ] provide health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury or illness is more likely than not to occur and/or [ ] acquire and maintain those life skills that enable the subject to cope more 2 November 2015 – 926.10.v4 effectively with the demands of the subject’s own person and environment and to raise the level of the subject’s physical, intellectual, social, emotional, and economic efficiency or meet all or some essential requirements for the subject’s therapeutic needs [ ] without court-ordered assistance or [ ] without the appointment of [ ] a guardian [ ] a conservator 7. Examiner (i.e., attending physician/doctor) familiar with the subject a. Name: ___________________________________________________________________ b. Address: ___________________________________________________________________ ___________________________________________________________________ c. Phone: ___________________________________________________________________ d. Report attached [ ] yes [ ] no e. [ ] Appoint this person as examiner. (Choose this only if (1) you have discussed this appointment with the examiner and advised him/her of the duties of an examiner, including the need to attend the hearing to be scheduled regarding this petition and the right of the subject to cross examine the examiner in court, (2) he/she is willing to serve, and (3) if the alleged incapacity arises from intellectual disability, he/she is a qualified intellectual disability professional.) [ ] Appoint another examiner. [ ] Waive appointment of examiner. 8. Visitor (i.e., social worker) familiar with the subject a. Name: ___________________________________________________________________ b. Address: ___________________________________________________________________ ___________________________________________________________________ c. Phone: ___________________________________________________________________ d. Report attached [ ] yes [ ] no e. [ ] Appoint this person as visitor. [ ] Appoint another visitor. [ ] Waive appointment of visitor. 9. A Guardian ad litem is a person appointed by the court at the beginning of an intervention proceeding to help the subject determine the subject’s interest in this proceeding or to make that determination for the subject if the subject is unconscious or otherwise wholly incapable of making such a determination, even with assistance. Petitioner asks the court to [ ] Appoint a Guardian ad litem [ ] Not appoint a Guardian ad litem 3 November 2015 – 926.10.v4 10. Persons to whom notice will be sent pursuant to D.C. Code, secs. 21-2042 and 21- 2402.08 and SCR-PD 325, including name, address, and telephone number: a. Spouse/registered domestic partner (If none, adult children. If none, parents. If none, at least one of the nearest adult relatives of the subject.): Name: _____________________________________________ Address: _____________________________________________ _____________________________________________ Phone: _____________________________________________ Name: _____________________________________________ Address: _____________________________________________ _____________________________________________ Phone: _____________________________________________ b. Counsel to the subject: Name: _____________________________________________ Address: _____________________________________________ _____________________________________________ Phone: _____________________________________________ c. Attorney in fact nominated in durable power of attorney as guardian and/or conservator and any previously appointed guardian and/or conservator and the custodian of the subject: Name: _____________________________________________ Address: _____________________________________________ _____________________________________________ Phone: _____________________________________________ d. All persons entitled to notice if this petition had been filed in the subject’s home state: Name: _____________________________________________ Address: _____________________________________________ _____________________________________________ Phone: _____________________________________________ 11. [ ] Appointment of a guardian is requested and is necessary to provide continuing care and supervision to the subject and/or [ ] A protective order should be entered or [ ] A conservator should be appointed because [ ] the subject has property that will be wasted or dissipated unless property management is provided, and/or [ ] money is needed for the support, care, and welfare of the subject, and/or [ ] money is needed for those entitled to the subject’s support, and protection is necessary or desirable to obtain and provide money. The names and addresses of those persons are as follows: _____________ ________________________________________________________ ________________________________________________________ 12. If a protective order or conservator is requested, describe the subject’s property with an estimate of the value of that property including any income, insurance, pension, or allowance to which the subject is entitled: _________________________________________________________________________ 4 November 2015 – 926.10.v4 _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ 13. Bond [ ] Not required [ ] Covering all assets of the subject plus one year’s income): $_________________ [ ] Reduced bond. $_____________________ List all assets not covered. Those assets cannot be sold, transferred, or encumbered without prior court order. 14. Petitioner asks for temporary relief in accordance with D.C. Code, sec. 21-2044(d) or D.C. Code, sec. 21-2055(b)(1). State exactly what is requested and why. Attach an additional sheet if necessary. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ 15. Petitioner asks for the following relief: [ ] A protective order as follows: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ [ ] Appointment of a [ ] Guardian with [ ] Statutory powers [ ] Greater powers. Specify power sought and legal authority by which court may grant such power. __________________________________________________ __________________________________________________ __________________________________________________ [ ] Lesser powers [ ] Conservator with [ ] Statutory powers [ ] Greater powers. Specify power sought and legal authority by which court may grant such power. __________________________________________________ __________________________________________________ __________________________________________________ 5 November 2015 – 926.10.v4 [ ] Lesser powers. Note: This box must be checked if petitioner is asking that bond not include real estate or securities. _______________________________________ Signature of filer _______________________________________ Typed name of filer _______________________________________ Address (actual address/not Post Office Box) _______________________________________ _______________________________________ _______________________________________ Telephone number _______________________________________ Email address _______________________________________ Unified Bar number (if filer is an attorney) VERIFICATION I, ____________________________, being first duly sworn, on oath, depose and say that that I have read the foregoing pleadings by me subscribed and that the facts therein stated are true to the best of my knowledge, information, and belief. _________________________________ Signature of petitioner Subscribed and sworn to before me this ____ day of _________________, 20__. _________________________________ Notary Public/Deputy ACCEPTANCE OF APPOINTMENT AND CONSENT TO PERSONAL JURISDICTION I hereby accept the duties of the office of [ ] guardian [ ] conservator of _________________________________ (subject) and consent to personal jurisdiction in any action begun in the District of Columbia by any interested person against me as guardian and/or conservator arising from the duties of my office and, if I am a non-resident, I do hereby irrevocably appoint the Register of Wills and successors in office as the person upon whom all notice and process issued by a competent court in the District of Columbia may be served with the same effect as personal service in relation to all suits or matters pertaining to the proceeding in which Letters of guardianship and/or conservatorship shall issue. _____________________________________ Signature of petitioner if seeking appointment _____________________________________ Telephone number 6 November 2015 – 926.10.v4 7 November 2015 – 926.10.v4 CERTIFICATE OF SERVICE I certify that on the ____ day of ____________________, 20____, a copy of this filing was either eServed in accordance with the provisions of Administrative Order 13-15 or served by first class mail, postage prepaid, on the following persons (list names and complete mailing addresses): _________________________________ Signature __________________________________ Signature of Attorney __________________________________ Typed Name of Attorney __________________________________ Address (Actual address/not Post Office Box) __________________________________ _______________________________________ Telephone Number _______________________________________ Email address _______________________________________ Unified Bar number