(a) IN GENERAL. (1)When Required. Unless the personal representative is excused from giving bond either by the will or by the written waiver of all of the interested persons, the personal representative must, at the time of filing the petition for probate, give bond for the benefit of interested persons who did not waive bond and creditors who are not interested persons.(2)After Presentation of Claim. If the will does not waive bond, and at any time after the filing of a petition for probate a creditor becomes an interested person and does not waive bond, the personal representative must petition to give or increase such a bond within 21 days after presentation of a claim to the personal representative.(3)Form. The bond required under D.C. Code § 20-502(a) (2012 Repl.) must be on the form maintained by the Register of Wills.(b) DEMAND FOR BOND UNDER D.C. CODE § 20-502 (a-1). (1)Who May File . At any time after the filing of the petition for probate, any person with an interest in the estate worth in excess of $1,000 or any creditor having a claim in excess of $1,000 may file a demand for bond under D.C. Code § 20-502 (a-1) (2012 Repl.).(2)Form and Service. A demand for bond under D.C. Code § 20-502 (a-1) (2012 Repl.) must be made by petition on the form maintained by the Register of Wills or a form that is substantially similar to that form. A copy of the petition must be mailed or delivered to the personal representative, or, if appointment has not occurred, to the person(s) whose appointment as personal representative is requested in the petition.(3)Opposition to Demand for Bond. The personal representative or the person requesting appointment as personal representative may oppose the petition or the amount of the bond requested by filing a timely opposition with the Register of Wills.(4)Bond Ordered by Court; Form. If the court orders that the personal representative file a bond or increase an existing bond, but the order does not specify a time for filing, the personal representative must file the bond within 14 days after the date of the order appointing the personal representative or the order requiring the bond, whichever is later. The bond required under D.C. Code § 20-502 (a-1) (2012 Repl.) must be on the form maintained by the Register of Wills.(c) AMOUNT OF BOND; VALUE OF INTEREST.(1)Amount of Bond. For the purpose of setting a bond under D.C. Code § 20-502(a) (2012 Repl.), the amount of the bond must be equal to the estimated value of the estate less the estimated net distributable share of each person waiving bond, calculated as if estate assets were applied to debts, funeral expenses, family allowance, administration expenses, and distributions to heirs, legatees, and other claimants in order of priority and according to law.(2)Value of Interest. For the purpose of setting a bond under D.C. Code § 20-502 (a-1) (2012 Repl.), the value of the interest in the estate of the person or creditor demanding bond must be the estimated amount of the net distribution or disbursement due to that person or creditor, calculated as if estate assets were applied to debts, funeral expenses, family allowance, administration expenses, and distributions to heirs, legatees, and other claimants in order of priority and according to law.(3)Appraisal. The court may require an appraisal of a specific asset for the purpose of setting a bond if there is a dispute over the value of that asset.(d) FAILURE TO FILE BOND. In its order requiring the filing or the increasing of a bond, the court may direct that, if the bond is not filed or increased within the time specified by this rule or the court's order, the powers of the personal representative will, upon the expiration of that time period, automatically and without further order of the court be suspended until the filing or increase of the required bond. Upon such filing or increase, the original powers of the personal representative must automatically be reinstated unless otherwise ordered by the court. The failure to file or increase the required bond may subject the personal representative to removal proceedings in accordance with D.C. Code § 20-526 (2012 Repl.) and Rule 114.(e) WAIVER OF BOND. (1)In General. An interested person may waive the personal representative's bond as to his or her interest.(2)Form. The waiver of the personal representative's bond must be on the form maintained by the Register of Wills or a form which is substantially similar to that form.(3)Consent to Appointment of Personal Representative. The waiver may be accompanied by a consent to appointment of a personal representative described in Rule 207.Adopted by Order dated March 4, 2022, effective 8/22/2022.COMMENT
Creditors who can become interested persons are only those creditors of the decedent, including those whose rights accrue at the time of death, who have timely presented a claim in excess of $500 that has not been barred or discharged. D.C. Code § 20-101(d)(1)(E) (2012 Repl.). Claims are presented in accordance with D.C. Code § 20-903(a)(1) (2012 Repl.). However, claims that arise after the death of the decedent, such as expenses incurred in the administration of the estate, need not initially be presented to the personal representative, Poe v. Noble, 525 A.2d 190, 196 (D.C. 1987), and in fact become barred if no action is commenced on them within six months after they arise, D.C. Code § 20-903(a)(2) (2012 Repl.). Cf. Johnson v. Martin, 567 A.2d 1299, 1305 (D.C. 1989) ("On remand, therefore, the court must first decide whether any claim against the estate (as opposed to a claim against Mr. Abrams himself) for an alleged breach of fiduciary duty is time-barred."); Grimberg v. Marth, 659 A.2d 1287 (Md. 1995).
Accordingly, administrative creditors as distinguished from creditors of the decedent cannot become interested persons, because they cannot perfect their claims by presentation to the personal representative under D.C. Code § 20-903(a)(1) (2012 Repl.).