Rule 205 - Solely-Owned Safe Deposit Box(a) PETITION FOR APPOINTMENT OF SPECIAL ADMINISTRATOR. If a decedent owned a safe deposit box titled in the decedent's sole name, and there is reason to believe that the box contains the decedent's will, an interested person may file a petition for the appointment of a special administrator to access the box to obtain the will and deliver it to the court in accordance with this rule. The petition for appointment of a special administrator to open a safe deposit box must be on the form prescribed by the Register of Wills or a form that is substantially similar in content and format.(b) WHO MAY BE APPOINTED. The petitioner may seek the petitioner's appointment or that of a member of the District of Columbia Bar.(c) BOND NOT REQUIRED. No bond is required.(d) NOTICE. (1)No Prior Service or Notice Required. The court may act before service of the petition on, or notice to, the interested persons.(2)Mailing Petition and Order. The court must send the order appointing the special administrator to the interested persons.(e) AUTHORITY OF SPECIAL ADMINISTRATOR. A special administrator appointed under this rule has only the authority to enter the safe deposit box(es) listed in the petition and deliver to the court any testamentary instruments found in the safe deposit box(es).
(f) REPORT. If a will is not found, the special administrator must file a report of the actions taken to seek the will.(g) EXPIRATION OF APPOINTMENT. The appointment of the special administrator expires at the earlier of:(1) the filing of the will or a report of the actions taken to seek the will; or(2) 30 days after the entry of the order of appointment.Adopted by Order dated March 4, 2022, effective 8/22/2022.COMMENT
The court has the discretion to appoint the petitioner or a member of the District of Columbia Bar as special administrator. If the petitioner is not the named personal representative or a residuary legatee in a copy of the will exhibited with the petition, the court may appoint a member of the Bar.