Subpoena (Updated November 2009)

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.

Subpoena (Updated November 2009) 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 Subpoena (Updated November 2009)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Subpoena (Updated November 2009):

• 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 Subpoena (Updated November 2009) 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 Subpoena (Updated November 2009), 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 Subpoena (Updated November 2009) 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 Subpoena (Updated November 2009) 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 Subpoena (Updated November 2009), and when in doubt— consult a qualified trust & estates lawyer for that area.

Subpoena (Updated November 2009) 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 Subpoena (Updated November 2009) 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.

Subpoena (Updated November 2009) 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 Subpoena (Updated November 2009). You can use this to get an idea of the context of the form and what type of information is needed.

SUBPOENA SUPERIOR COURT OF THE DISTRICT OF COLUMBIA PROBATE DIVISION _________ ADM _________ _________ INT _________ _________ IDD _________ _________ SEB _________ _________ GDN _________ _________ TRP _________ _________ CON _________ Estate of ____________________________________________________________________ Minor/Ward/Deceased To: ________________________________________________________________ □ YOU ARE COMMANDED to appear at the place, date and time specified below to testify in the above case. COURTROOM DATE TIME □ YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case. PLACE OF DEPOSITION DATE TIME □ YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, date, and time specified below (list documents or objects): DOCUMENTS OR OBJECTS PLACE OF PRODUCTION DATE TIME □ YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. PREMISES DATE TIME Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. SCR-CIV 30(b)(6). ISSUING PERSON’S SIGNATURE AND TITLE (indicate if attorney for plaintiff or defendant) DATE ISSUING PERSON’S NAME, ADDRESS AND PHONE NUMBER (SEE RULE 45, SUPERIOR COURT RULES OF CIVIL PROCEDURE ON REVERSE) WHITE—ORIGINAL YELLOW—FOR RETURN SERVICE PINK—OFFICE COPY Authorization as required by D.C. Code § 14-307 and Brown v. U.S., 567 A. 2d 426 (D.C. 1989), is hereby given for issuance of a subpoena for medical records concerning a person who has not consented to disclosure of the records and has not waived the privilege relating to such records. ________________________________________ Judge To Whom Case Is Assigned PROOF OF SERVICE SERVED DATE TIME PLACE SERVED ON (PRINT NAME) MANNER OF SERVICE (attach return receipt if service was made by registered or certified mail) SERVED BY (PRINT NAME) TITLE DECLARATION OF SERVER I do solemnly declare and affirm under penalty of perjury under the laws of the District of Columbia that I am at least 18 years of age and not a party to the above entitled cause and that the foregoing information contained in the Proof of Service is true and correct to the best of my knowledge, information, and belief. Executed on __________________________ DATE ________________________________________ _ SIGNATURE OF SERVER ________________________________________ _ ADDRESS OF SERVER RULE 45. SUPERIOR COURT RULES OF CIVIL PROCEDURE, Sections C & D (c) Protection of Persons Subject to Subpoenas. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The Court shall enforce his duty and import upon the party or attorney in breach of this duty all appropriate sanction, which may include, but is not limited to, lost earnings and reasonable attorney’s fee. (2)(A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d)(2) of this Rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of the subpoena or before the time specified for compliance of such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any of all of the designated materials or at the premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the Court. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party or an officer of a party from significant expense resulting from the inspection and copying commanded. (3)(A) On timely motion, the Court shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance. (ii) requires a person who is not a party or an officer of a party to travel to a place more than 25 miles from the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c)(3)9b)(iii) of this Rule such a person may in order to attend trial be commanded to travel from any such place to the place of the trial or (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies or (iv) subjects a person to undue burden. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research development, or commercial information, or (ii) requires disclosure of an unretained expert’s opinion or information not describing specifics events or occurrences in dispute and resulting from the expert’s study made not at the request of any party, or (iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 25 miles to attend trial, the Court map, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonable compensated, the Court may order appearance or production only upon specified conditions. (d) Duties in Responding to Subpoena. (1) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim.