Rule 602 - Claim Against a Trust That Was Revocable at the Settlor's Death(a) APPLICABILITY. This rule governs claims against a trust that was revocable at the settlor's death when the trustee has filed the notice of existence of revocable trust in accordance with Rule 601.(b) REQUIREMENTS. A claim must indicate that: (1) the settlor's residuary probate estate is inadequate to satisfy the claim and the claim is for: (A) costs of administration of the settlor's estate;(B) an expense of the settlor's funeral and disposal of remains;(C) a statutory allowance to a surviving spouse or child under D.C. Code §§ 19101.02 to -.04 (2012 Repl.); or(D) a claim of the settlor's creditors;(2) all persons whose interest in the trust would be affected by the payment have filed consents with the court; or(3) the payment is authorized under the terms of the trust regardless of the sufficiency of the settlor's residuary probate estate.(c) FORM; FILING AND SERVICE. (1)Form. A claim against a revocable trust must be made on the form maintained by the Register of Wills or a form that is substantially similar in format and content.(2) Filing and Service. (A)In General. Within 6 months after the date of first publication of the notice of existence of revocable trust, the claim must be filed and served on the trustee by personal service or by certified mail, return receipt requested.(B)Estate Administration Proceeding. If a proceeding to administer the decedent's estate, other than a small estate, is commenced in the District of Columbia after a notice is filed under Rule 601, the claim must be filed in both the trust proceeding and the decedent's estate proceeding.(d) TRUSTEE'S RESPONSE. (1)In General. On receipt of a claim, the trustee must (B) mail to the claimant a notice of action on the claim on the form maintained by the Register of Wills or a form that is substantially similar to that form.(2)Disallowed Claim. If the trustee disallows the claim, the trustee must specifically advise the claimant whether the claim was disallowed because the trustee disputes the validity of the claim, the adequacy of the settlor's residuary probate estate to pay the claim, or both.(e) PETITION FOR PAYMENT FROM TRUST. (1)Petition. If, within 8 months after the date of the first publication of the notice of existence of revocable trust, the trustee takes no action on the claim or, after having allowed the claim, fails to pay it, the claimant or the personal representative of the settlor's probate estate may file a petition requesting an order directing the trustee to pay the claim from the trust.(2)Court Action. The court may order the trustee to pay to the claimant or the personal representative the amount of trust property necessary to pay the claim if the claim meets the requirements of Rule 602(b).(3)Complaint. If the trustee disallowed the claim because the trustee disputed the validity of the claim, the adequacy of the settlor's residuary probate estate to pay the claim, or both, the claimant must file a complaint for payment of the claim from the trust within 60 days after the trustee mailed the notice disallowing the claim.Adopted by Order dated March 4, 2022, effective 8/22/2022.COMMENT
This rule implements D.C. Code § 19-1305.05 (2012 Repl.). As provided in D.C. Code § 19-1305.05(d) (2012 Repl.), the procedures set out in this rule are substantially consistent with the procedures governing claims in decedents' estates set out D.C. Code §§ 20-901 to -914 (2012 Repl.).
If a notice of existence of revocable trust is not filed under Rule 601, a claimant seeking payment from the trust of any expense or claim listed in Rule 602(b) must file a complaint under Rule 603.