General Forms (Int) - Specific Instruction To Conservators And Conservatorship Information Sheet

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.

General Forms (Int) - Specific Instruction To Conservators And Conservatorship Information Sheet 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 General Forms (Int) - Specific Instruction To Conservators And Conservatorship Information Sheet

Sometimes it’s tough to find a quick summary— here’s the important details you should know about General Forms (Int) - Specific Instruction To Conservators And Conservatorship Information Sheet:

• 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 General Forms (Int) - Specific Instruction To Conservators And Conservatorship Information Sheet 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 General Forms (Int) - Specific Instruction To Conservators And Conservatorship Information Sheet, 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 General Forms (Int) - Specific Instruction To Conservators And Conservatorship Information Sheet 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 General Forms (Int) - Specific Instruction To Conservators And Conservatorship Information Sheet 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.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

Sponsored by Atticus App

Need help with District of Columbia Probate?

Join all the other families who have trusted Atticus through probate, and experience the peace that comes from knowing you're taking the right steps, spending the least amount of money, and not wasting a single second.

Start for free

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 General Forms (Int) - Specific Instruction To Conservators And Conservatorship Information Sheet, and when in doubt— consult a qualified trust & estates lawyer for that area.

General Forms (Int) - Specific Instruction To Conservators And Conservatorship Information Sheet 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 General Forms (Int) - Specific Instruction To Conservators And Conservatorship Information Sheet 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.

General Forms (Int) - Specific Instruction To Conservators And Conservatorship Information Sheet 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 General Forms (Int) - Specific Instruction To Conservators And Conservatorship Information Sheet. 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 SPECIFIC INSTRUCTIONS TO CONSERVATORS Upon appointment, a conservator, limited or general, shall act as a fiduciary and observe the standards of care applicable to trustees. Specifically the conservator shall do the following: (1) Upon appointment, the conservator shall qualify by filing bond (if the Court requires bond) and by filing an Acceptance and Consent to Jurisdiction unless the conservator has signed the acceptance and consent at the end of the Petition for a General Proceeding. These filings must occur within fourteen (14) days of the date of appointment. (2) The conservator shall develop an individual conservatorship plan in consultation with the guardian (if any) and, to the maximum extent possible, the ward in accordance with the provisions of D.C. Code, §21-2065(b). The conservatorship plan must be filed within sixty days of the date of the appointment of the conservator. (3) Implicit in the duties of a conservator charged with the responsibility of expending funds for the care and maintenance of a ward is the need to become or remain personally acquainted with the ward and to maintain sufficient contact to know the ward’s capacities, limitations, and needs. This is especially true when no guardian has been appointed. To ensure awareness at all times of the incapacitated ward’s needs and condition, it is recommended that the conservator visit the ward. The conservato r shall file a change of address promptly if either the ward or the conservator moves. (4) If there are sufficient funds, the conservator shall ensure that money is available each month for the personal use or incidental needs of the ward. If the ward lives in a nursing home, the conservator may consider contacting the appropriate nursing home officials to establish and fund a ‘patient’s account’ with the home to be used for the monthly purchase of incidental needs of the ward. If the ward is a Medicaid recipient, the conservator shall use such amounts as are allowed by Medicaid regulations for the personal use or incidental needs of the ward. (5) The conservator shall ensure that funds for the care, support, and maintenance o f the ward are paid to the nursing home or other authorized caretaker promptly as due. (6) Whenever it appears to the conservator that the financial resources of the ward are being depleted and that the protected individual will soon become eligible for Medicaid benefits, the conservator shall make timely application for said benefits to ensure uninterrupted funding for the protected individual’s care and maintenance. (7) If the conservator has reason to believe that the ward is in need of protective services because of abuse or neglect by another, the conservator shall immediately report this belief to Adult Protective Services either orally or in writing. The report shall include the name, age, physical description, and location of the adult alleged to be in need of protective services; the name and location of the person allegedly responsible for the abuse, neglect, or exploitation; the nature and extent of the abuse, neglect, or exploitation; the basis of the reporter’s knowledge; and any othe r relevant information. D.C. Code, sec. 7-1903. Any person required to report who July 2012 – 947.10.v3 wilfully fails to do so shall be guilty of a misdemeanor and, upon conviction, subject to a fine not exceeding $300.00. D.C. Code, sec. 7-1912. For additional information, see the Adult Protective Service website at http://dhs.dc.gov/dhs/csp/view,a,3,q,492691.asp. The above instructions are for guidance only and do not include all the conservator’s duties and responsibilities. Individuals serving as conservators shall be governed by all applicable statutory provisions, rules of Court and Court orders issued regarding their wards. July 2012 – 947.10.v3 SUPERIOR COURT OF THE DISTRICT OF COLUMBIA CONSERVATORSHIP INFORMATION SHEET The following information is provided to those individuals appointed as limited or general conservator of an incapacitated individual (ward) but is not intended to be all- inclusive. Individuals appointed as conservators shall be governed by all applicable statutory provisions, rules of court, and Court orders regarding their wards. 1. PERMANENT GENERAL CONSERVATOR A permanent general conservator is one appointed by the Court and on whom the Court has conferred, without limitation, title to all property of the protected individual (ward) and those powers enumerated in D.C. Code, sec. 21-2070 and sec. 21-2071 (2001 ed.). 2. PERMANENT LIMITED CONSERVATOR The Court establishes a limited conservatorship (1) by entry of an order specifying that only a part of the property of the ward vests in the conservator or (2) by limiting the powers conferred under D.C. Code, sec. 21-2070 or sec. 21-2071 either at the time of appointment or later. 3. SPECIAL CONSERVATOR OR TEMPORARY CONSERVATOR The Court may appoint a special conservator to discharge specific arrangements or transactions ordered by the Court (D.C. Code, sec. 21-2056(c)) or a temporary conservator (D.C. Code, sec. 21-2062). 4. TITLE BY APPOINTMENT The appointment of a conservator vests in the conservator title as trustee to all property of the ward presently held or after acquired or to the property specified in the court order, including title to any property held for the ward by custodians or attorneys in fact. 5. QUALIFICATION A limited or general conservator qualifies by executing an Acceptance o f Guardian/Conservator form (unless the conservator signed the acceptance at the end of the Petition for a General Proceeding). If bond is required by order of the Court, the conservator must also execute and file a bond in the amount set by the Court to qualify. These filings must occur within fourteen (14) days of the date of appointment. 6. APPRAISAL A limited or general conservator shall promptly engage the services of a qualified appraiser if the value of the ward’s personal property exceeds $1,000.00. This appraisal is filed as part of the Inventory (see item 12). If the value is estimated as being less than $1,000.00, the conservator shall file an affidavit setting forth the description and the value of the tangible personal property as part of the Inventory (see item 12). The Court has an appraiser on staff that can be used without cost i f available. July 2012 – 947.10.v3 7. RECORDING LETTERS OF CONSERVATORSHIP (a) Letters of conservatorship are evidence of the transfer of all assets (or the part of assets specified in the Letters) of a ward to the conservator. An order terminating a conservatorship is evidence of the transfer of all assets subject to the conservatorship from the conservator to the protected individual or to the personal representative of the individual. (b) Letters of conservatorship and orders terminating conservatorships shall be filed or recorded in the Office of the Recorder of Deeds so that notice of the transfer of title is on file. The Recorder of Deeds is located at 1101 4th Street, S.W., Washington, DC, telephone number 202-727-5374. 8. GENERAL DUTY OF CONSERVATOR A conservator shall act as a fiduciary and observe the standard of care applicable to trustees in relation to the powers conferred. This duty is implicit in the title acquired by virtue of the proceeding. 9. POWERS OF CONSERVATOR The powers of a conservator in administration are set forth in D.C. Code, sec. 21-2070 and may be found at www.dccouncil.washington.dc.us/dcofficialcode. The powers conferred are subject to any limitations that the Court may impose at the time o f appointment or at a later date. 10. DISTRIBUTIVE DUTIES AND POWERS The distributive duties and powers of a conservator are set forth in D.C. Code, sec. 21-2071. The distributive duties and powers conferred are subject to any limitations that the Court may impose at the time of appointment or at a later date. 11. PETITIONS POST APPOINTMENT Application to the Court for an order after the appointment of a conservator shall be by the filing of a verified Petition Post Appointment that includes a Notice of Right to Respond and/or Request an Oral Hearing and a Notice of Hearing on Subsequent Petition in accordance with Superior Court, Probate Division Rule 311, an order appointing counsel, and a proposed order for the Court’s signature. The petition shall state specifically what is being requested and why the request is being made and shall include such supplemental information and/or documentation as may be considered appropriate. 12. CONSERVATORSHIP PLAN AND INVENTORY A conservator, limited or general, shall file a conservatorship plan and a complete inventory of the financial resources of the ward with the Court no later than sixty (60) days from the date of appointment. The forms included on the Probate Division website shall be used. The inventory shall be verified and served by first-class mail upon those individuals listed in Superior Court, Probate Division Rule 329. 13. ACCOUNTS AND REPORT OF CONSERVATOR (a) Filing: A permanent conservator shall file an account and report: (1) Annually within thirty (30) days after the anniversary date of the date of appointment. (2) Within sixty (60) days of (a) the resignation or removal of the conservator, (b) as provided in Superior Court Rules, Probate Division 334, or (c) at such other times as ordered by the Court. July 2012 – 947.10.v3 (b) A temporary conservator shall submit an account and report within sixty (60) days of termination of appointment, but if appointed as permanent conservator, an account shall not be required by the temporary conservator; (c) A special conservator appointed pursuant to D.C. Code, sec. 21-2056 shall file a report setting forth all matters done within thirty (30) days of completion of the tasks ordered by the Court and not later than six (6) months after the order of appointment or at such other times as ordered by the Court; (d) Other requirements: (1) The beginning date of the first account shall be the date of appointment, and the account shall cover one year. All subsequent accounts shall begin on the ending date of the previous account and cover one year. (2) The account shall be typewritten or machine printed on the forms on the Probate Division website; (3) Each account shall have attached a Report of Conservato r; (e) Service: The account and report shall be served on those individuals listed in Superior Court, Probate Division Rule 330(d). 14. SUGGESTION OF DEATH Upon the death of the ward, the conservator shall file a Suggestion of Death form promptly to notify the Court that the ward has died and must serve a copy on all parties. 15. FINAL ACCOUNT Upon death of the ward, the conservator shall a final account, final report, and petition to terminate the conservatorship (see item 17) within sixty (60) days. 16. RECEIPTS Promptly after full distribution and settlement of an estate, the fiduciary shall file with the Register of Wills receipts or canceled checks evidencing final distribution. These should be filed with either the Duty Auditor or the Auditor who audited the final account. 17. TERMINATION OF ESTATE Upon death of the ward, the Conservator shall file a petition for termination of the conservatorship, accompanied by the final account and report within sixty (60) days of the ward’s death. The conservator may also file a petition for expenditures within thirty (30) days of the ward’s death. The hearing on the final account shall be held with the hearing on the petition for termination. Upon entry of an order o f termination, the conservator shall file a verified statement evidencing transfer of assets, including receipts of final distribution and checks evidencing any expenditures, within sixty (60) days. If assets cannot be transferred within the sixty (60) days, the conservator shall file a petition to deposit funds into the estates deposit account maintained by the Office of the Register of Wills. (See Superior Court, Probate Division Rule 334(b).) For termination of conservatorships other than upon death, a petition for termination may be filed, and the Court shall schedule a hearing. The Court thereafter may issue a preliminary order of termination and direct the filing of a final account and report within sixty (60) days. Upon approval of the final account, the Court shall enter a final order of termination. The final order shall provide for expenses of administration and direct the conservator to file a verified statement evidencing transfer of assets to the former ward or other appropriate person as determined by the Court. The conservato r shall file the verified statement, together with receipts evidencing final July 2012 – 947.10.v3 distribution and vouchers or cancelled checks evidencing any expenditures, within thirty (30) days of the order of termination. (See Superior Court, Probate Division Rule 334(c).) 17. ADDITIONAL INFORMATION (a) The law that applies to conservatorships is D.C. Code, Title 21, Chapter 20. (b) The court rules that apply to conservatorships established since 1981 are in the 300 series of the Probate Rules. (c) No attorney fees are to be paid from estate funds unless specifically authorized by order of court after compliance with Superior Court, Probate Division Rule 308. (d) No conservator shall commingle any estate assets with non-estate assets (i.e., no conservator shall mix any of the ward’s assets with assets belonging to anyone else). (e) Conservators are hereby notified that any authority granted by the Court to administer funds of the ward terminates upon death of the ward. Upon death of the ward, no further expenditures shall be made. (f) Court clerks and staff cannot give legal advice. If legal questions arise, consult an attorney. Neither the Register of Wills nor any member of her staff is permitted to recommend lawyers. If legal help is needed, consider consulting the Lawyer Referral Service of the District of Columbia Bar. July 2012 – 947.10.v3