Rule A-8 - Proceedings for the Sale of Real Property(a) PETITION. A proceeding for the sale of real property of a decedent for the payment of charges or legacies, as set forth in D.C. Code § 20-1106, is commenced by the filing of a petition which must set forth (i) the real property sought to be sold; (ii) the estimated value of the personal property; (iii) the amount of the charges and legacies, if any; (iv) the insufficiency of the personal property to satisfy said charges and legacies; and, (v) where applicable, the name and address of each heir at law and next of kin, legatee, and devisee.(b) PROCESS. Except as to parties who have filed consents therein, process must issue in proceedings under this rule in accordance with D.C. Code §§ 13-337 to -340.(c) REFERENCE TO AUDITOR-MASTER. After service of process has been completed and the time for answer has expired, the proceedings must be referred to the Auditor-Master for a report in accordance with D.C. Code § 20-1106. The procedure prescribed by Civil Rule 53(f) for the filing of objections to the report of the AuditorMaster may be waived in writing if such waiver is signed by all persons who have received notice of the filing of the report.(d) SALE WITHOUT REFERENCE TO AUDITOR-MASTER. When all parties described in Rule A-8(a) have filed with the court their consents to the sale, the court may order the sale of all or part of said real property without reference to the AuditorMaster if it is satisfied that the personal property of the decedent is insufficient to meet all charges or legacies and that all or part of the decedent's real property must be sold to pay charges or legacies. If a person having an interest in said real property is under a legal disability, the court may accept the consent of a fiduciary duly appointed for said person's estate or may appoint a guardian ad litem having the right to file a consent on behalf of that person.(e) MANNER OF SALE. A sale authorized pursuant to this rule must be made in accordance with Rule B-10.Sup. Ct. R. D.C. app A R. R. A-8
Adopted by Order dated March 4, 2022, effective 8/22/2022.