Rule 601 - Notice of Existence of Trust That Was Revocable at the Settlor's Death(a) APPLICABILITY. This rule only applies to a trust that was revocable at the settlor's death.(b) COMMENCING AN ACTION. A trustee may commence a proceeding to provide public notice of a trust that was revocable at the settlor's death by filing: (1) a notice of existence of revocable trust, on the form maintained by the Register of Wills or a form that is substantially similar in format and content, completed to the extent possible (excluding the date of first publication and the deadline for filing objections and claims);(2) a certification of trust, on the form maintained by the Register of Wills or a form that is substantially similar in format and content; and(3) a list of those persons entitled to receive the notice of existence of revocable trust.(c) PUBLICATION OF THE NOTICE. The Register of Wills must complete the notice of existence of revocable trust form and forward copies to a newspaper of general circulation in the District of Columbia and a legal newspaper, for publication once a week for three successive weeks.(d) MAILING OF THE NOTICE. To obtain the protections of D.C. Code §§ 20-903 and 19-1306.04 (2012 Repl.), within 15 days after the date of first publication of the notice of existence of revocable trust, the trustee must serve, by registered or certified mail, a copy of the notice on: (1) each qualified beneficiary of the trust;(2) heir of the decedent;(3) other interested persons as defined in D.C. Code § 20-101(d) (2012 Repl.) if the trust were a will; and(4) all creditors whose identities are known or ascertainable by reasonably diligent effort.(e) PROOF OF PUBLICATION AND CERTIFICATE OF NOTICE. Within 90 days after the date of first publication of the notice of existence of revocable trust, the trustee may file: (1) an affidavit or declaration of an officer or agent of each publisher stating the dates of publication accompanied by a copy of the notice as published;(2) a verification and certificate of notice of existence of revocable trust, on the form maintained by the Register of Wills or a form that is substantially similar in format and content, specifying the date of mailing of the notice and the names and addresses of the persons to whom the notice was mailed; and(3) a list of the names or description of each qualified beneficiary of the trust; heir of the decedent; other interested persons as defined in D.C. Code § 20-101(d) (2012 Repl.); and creditor to whom the notice was not mailed.Adopted by Order dated March 4, 2022, effective 8/22/2022.COMMENT
This rule implements D.C. Code §§ 19-1305.05 and -1306.04 (2012 Repl.). In order for the trustee to obtain the benefit of those provisions, the trustee must be able to prove publication.