Sup. Ct. R. D.C. 126

As amended through October 11, 2024
Rule 126 - Appeals
(a) IN GENERAL. Any person who is aggrieved by a final order or judgment of the Probate Division and who participated in the determination of that order or judgment may file an appeal to the District of Columbia Court of Appeals.
(b) WHEN ALLOWED: DECEDENTS' ESTATES. An order or judgment of the court determining rights of any interested person or party in any proceeding in the administration of the estate of a decedent is deemed final with respect to the following matters:
(1) order granting or denying probate;
(2) order construing the decedent's will;
(3) order determining heirs or legatees;
(4) order determining title to assets;
(5) order determining that property should be sold; or
(6) order approving a final account.
(c) WHEN ALLOWED: ALL OTHER PROCEEDINGS. An order or judgment of the court determining rights of any interested person or party in any proceeding other than decedents' estates is deemed final with respect to the following matters:
(1) order appointing, removing or denying a request to appoint or remove a permanent guardian, permanent conservator, special conservator, trustee, or other permanent fiduciary;
(2) order granting or limiting the rights, powers or duties of a permanent guardian, permanent conservator, special conservator, trustee, or other permanent fiduciary;
(3) order approving any account, or granting or denying an objection to any account;
(4) order granting or denying compensation;
(5) order determining title to assets;
(6) order determining that property should be sold;
(7) order determining a claim against a protected person or property of a protected person; or
(8) order granting or denying authority to make gifts.
(d) WHEN ALLOWED: JUDGMENT ON FEWER THAN ALL CLAIMS OR INTERESTED PERSONS OR PARTIES. On application of any interested person or party or in the court's discretion, the court may direct the entry of a final judgment as to one or more, but fewer than all, claims or interested persons or parties if the court expressly determines that there is no just reason for delay.

Sup. Ct. R. D.C. 126

Adopted by Order dated March 4, 2022, effective 8/22/2022.

COMMENT

An interested person or party in a decedent's estate generally lacks standing to appeal if the person or party has notice of an account or request for compensation and fails to file an objection to such account or request for compensation within the statutory period, or if the statutory period has expired, when the person or party "discovers, or by reasonable diligence should discover, the injury, its cause in fact, and some evidence of wrongful conduct." Johnson v. Martin , 567 A.2d 1299, 1302 (D.C. 1989).

The mere filing of an appeal does not suspend the proceedings or stay the ruling, order, judgment or decree that is the subject of the appeal. The court may enter a separate order for a stay pending appeal. Murphy v. McCloud, 605 A.2d 202 (D.C. 1994).