D.C. Super. Ct. Civ. R. 305

(a) Accounts and Reports. A fiduciary charged with the care of administration of

property, appointed by the Court or required to file bond with it for faithful discharge of

the fiduciary's trust, or otherwise acting under the authority, supervision or direction of

the Court, shall account and report as herein provided, unless said fiduciary be acting

under the probate branch of the Court. An account and report, verified by the fiduciary's

oath, shall be filed annually with the Clerk within 30 days after the anniversary date of

the fiduciary's appointment, or if not appointed by the Court, within 30 days after the

anniversary date of the order bringing the fiduciary under its authority, supervision or

direction. The account shall contain an itemized statement of all receipts and

disbursements for the preceding annual period. The report, to be made on a form

furnished by the Clerk, shall list with detailed particularity (1) all real and personal

assets of the estate, (2) where each item thereof is located, kept or deposited, (3) the

name in which each is held, (4) the value of each, (5) any sale, transfer or other

disposition of assets, (6) any investment or change in form of assets and the name in

which it stands, (7) the penalty of the fiduciary's undertaking, (8) the date when the

undertaking was filed, (9) the name of the surety, and (10) the value of the estate when

the undertaking was filed. A similar report shall be filed by the fiduciary within 60 days

after appointment by the Court or, if not so appointed, within 60 days after the order

bringing the fiduciary under its authority, supervision or direction.

(b) Audit and Examination. Upon filing of an annual account and report the Clerk shall

forthwith deliver the same to the Auditor-Master or his or her deputy, who shall promptly

audit the account, examine all securities (except as provided in subparagraph (1)

hereof), check them with the report and ascertain the correctness of all reported

deposits. Thereupon he or she shall file a report of the findings with the Clerk. However,

the Auditor-Master or his or her deputy shall not file with the Clerk the transcript of

proceedings and of the evidence and the original exhibits as prescribed by SCR-Civil

53(e)(1).

(1) In those fiduciary cases where a bank is serving as fiduciary, in lieu of exhibiting all

securities the bank may submit an affidavit from an official of the bank, other than the

officer signing the account, verifying the correctness of the securities and cash accounts

as set forth in the fiduciary's account, and that same are being held in the custody of the

fiduciary.

(c) Expenditures, Irregularity or Default: Auditor-Master or His or Her Deputy to Report.

All expenditures from an estate by a fiduciary, except those provided by statute and

court costs, shall be made only upon prior authorization of the Court. Failure of a

fiduciary to obtain prior Court authority for expenditures, other than those provided by

statute and court costs, shall constitute an irregularity in the administration of the estate

and such expenditures shall be disallowed as a charge to the estate upon annual

accounting except for good cause shown. Whenever in any case there comes to the

Auditor-Master's or his or her deputy's attention an apparent irregularity or default in

administration of a trust estate or an insufficiency in the amount or security of an

undertaking he or she shall immediately advise the Court thereof, which upon a

summary hearing, shall remove the fiduciary and appoint a successor, unless for good

cause shown the irregularity or default in administration or the insufficiency in the

amount or security of an undertaking is deemed excusable. The Court may also take

such further summary action as the Court may see fit.

(d) Auditor-Master Fees for Review of Fiduciary Accounts. The Clerk shall be paid a fee

for all audits and examinations made pursuant to this Rule according to the fee

schedules hereinafter set forth, and in every such case the fee prescribed herein shall

be deemed a reasonable fee for the services rendered by the Auditor-Master.

(1) Audits and Examinations Under Paragraph (b). The fee to be assessed by the

Deputy Auditor-Master for audit and examination of an account and report to the Court

pursuant to paragraph (b) of this Rule is set forth in the schedule below.

Costs

$500 or less No Cost

500.01 to $2,500 $15

2,500.01 to 10,000 50

10,000 but less than 25,000 100

25,000 but less than 50,000 150

50,000 but less than 75,000 250

75,000 but less than 100,000 350

100,000 but less than 500,000 575

500,000 but less than 700,000 825

700,000 but less than 1,000,000 1,275

1,000,000 but less than 2,500,000 1,800

2,500,000 but less than 5,000,000 2,300

5,000,000 and over 2,300

plus 0.02% of excess

over $5,000,000

In addition to the fee prescribed in the above schedule, in those instances where

during the course of the audit, the Auditor-Master finds it necessary to take testimony

and/or obtain records, documents or other written instruments not furnished by the

fiduciary, the Court may allow such additional fees and costs as it may deem proper.

(2) Examinations Under Paragraph (f). In all cases where, pursuant to paragraph (f) of

this Rule, the account of a fiduciary has been approved without audit the fee for

examination of securities and verifying deposits upon the basis of their total value is in

accordance with the following schedule:

Less than $2,500 No Cost

$2,500 but less than $10,000 $15

$10,000 but less than $50,000 $30

$50,000 plus $60

provided, that the fiduciary may require securities to be examined where they are kept,

in which event there shall be an additional fee of $25, but credit will not be allowed

therefor unless in the Court's opinion the expenditure was justifiable.

(3) Court Costs Attributable to Real Estate in the District of Columbia. Additional court

costs in the amount of $25 shall be assessed in all accounts wherein real property or

properties in the District of Columbia, of whatever value, are carried as an account

asset. If proceeds of the sale of real property are included, court costs shall be

assessed in accordance with subparagraphs (d)(1) and (d)(2) of this rule.

(4) Computation of Court Costs. For the purposes of determining the initial costs

under paragraph (d) of this rule, the value of the account shall include: (1) the initial

gross principal value of the assets of the account as determined by the Deputy Auditor-Master; (2) the gross value of any increase in the principal value of any account realized

upon disposition (other than upon distribution to beneficiaries of the account) by the

fiduciary; and (3) the gross value of any income reported by the fiduciary in periodic

accounts to the Court, but shall exclude the value of real property in the account except

as otherwise provided in subparagraph (d)(3) of this rule. In determining the court costs

upon the audit of subsequent accounts, allowance shall be made for costs previously

assessed.

(5) Time of Payment. The costs to be collected by the Deputy Auditor-Master under

this paragraph shall be paid at the time of filing the first account except as otherwise

provided herein. Subsequent costs, if any, determined under paragraph (d) of this rule

shall be assessed and paid at the time of filing each subsequent annual account of the

fiduciary.

(6) Review of Fees. Following the close of each fiscal year, the Auditor-Master shall

review the fees assessed by the Auditor-Master's office during such year and shall file

with the Chief Judge a report of fees assessed and collected so that the Court may

make such changes, alterations or additions to the foregoing fee schedule as it

considers appropriate.

(e) Failure to Account and Report; Removal of Fiduciary. The clerk for good cause

shown may extend the time for filing an account or report. If an account or report is not

filed within the prescribed time the clerk shall promptly report the fact to the Court,

which upon a summary hearing shall remove the fiduciary and appoint a successor,

unless for good cause shown the failure is deemed excusable. The Court may also take

further summary action to compel filing of the account or report.

(f) Account; Approval Without Reference to Auditor-Master or His or Her Deputy. An

account of the fiduciary may, in the Court's discretion, be approved without reference to

the Auditor-Master or his or her deputy upon the filing of a petition with the Court setting

forth that all beneficiaries in being, including remaindermen, have consented thereto,

and attaching to said petition their written consents. A guardian or committee may

consent for his or her ward except when he or she is the accounting fiduciary. In no

event shall examination of securities and deposits by the Auditor-Master or his or her

deputy be excused. At the time of filing the petition, the fiduciary shall submit a

proposed order. No account shall be approved without reference to the Auditor-Master

or his or her deputy in any case in which a beneficiary or remainderman has died, until a

suggestion of death has been filed supported by a certificate of death and until said

deceased beneficiary or remainderman's estate's representative has appeared and

consented thereto.

(g) Statement of Distribution and Settlement. Promptly after full distribution and

settlement of a trust estate the fiduciary shall file with the clerk a verified statement to

that effect, together with vouchers, receipts, or cancelled checks evidencing final

distribution.

(h) Nonresident or Absent Fiduciary to File Power of Attorney. A fiduciary who is or

becomes a nonresident of the District of Columbia or is continuously absent therefrom

for more than 60 days, shall within 10 days after qualifying as fiduciary or becoming

such nonresident or absentee, file with the Clerk of the Court a like power of attorney to

that provided by Title 20, Section 365 of the District of Columbia Code (1967) [§ 21-110,

2001 Ed.], except that the same shall run in the name of the Clerk and the Clerk's

successor in office. Failure to file the power of attorney within the time provided shall be

cause for removal of the fiduciary from office.

(i) Upon the death of the person for whom the fiduciary is appointed, the fiduciary shall

file a suggestion of death forthwith, and shall file a final account and report verified by

the fiduciary within 60 days from the date of death.

(j) Unless otherwise ordered by the court for good cause shown, this rule shall not apply

to any proceeding, the purpose of which is (i) the appointment of a trustee, substituted

trustee or successor trustee under an instrument in which the fiduciary was not

otherwise under the authority, supervision or direction of the court, (ii) the judicial

passing and approving of an accounting tendered to the court by a resigning trustee or

by the personal representative of a deceased trustee, or (iii) an acting trustee seeking

instructions or construction of the governing instrument.

(k) Appraisal. Within the period of 90 days from the date of appointment, a fiduciary

shall engage the services of a qualified appraiser to inventory and appraise all tangible

personal property in the ward's estate provided the value of said property, in the

judgment of the fiduciary, exceeds the value of $1,000.00. If said property, in the

judgment of the fiduciary, is valued at $1,000.00 or less, the fiduciary shall submit an

affidavit setting forth the description and the value of the tangible personal property.

(l) Sale of Property. A conservator or committee shall not sell or otherwise dispose of

estate property or encumber it without prior order of court.