SUPERIOR COURT OF THE DISTRICT OF COLUMBIA PROBATE DIVISION _________ INT _________ _________ IDD _________ _________ ADM _________ _________ GDN _________ In re: _________ CON _________ ________________________________ _________ TRP _________ An Adult PETITION FOR REFERRAL TO AUDITOR-MASTER 1. I, ________________________________________, certify that I am the (successor fiduciary, an interested person, other) in this matter, and request that the Court refer this matter to the Auditor-Master, pursuant to Superior Court, Civil Rule 53. 2. As grounds, the undersigned respectfully states that the (fiduciary, power of attorney, etc.) has failed to properly account for the assets of this estate. 3. Specifically, the fiduciary has not accounted to the (interested persons, the successor personal representative, to the Court) for A. the following assets (list the specific assets to be accounted for): _____________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ B. the dates that the accounting should cover: ______________________________ _____________________________________________________________________ C. and has also done (or not done) the following: i. ___________________________________________________________ ___________________________________________________________ ii. ___________________________________________________________ ___________________________________________________________ 4. I have taken the following steps to secure this information: A. __________________________________________________________________ __________________________________________________________________ B. __________________________________________________________________ __________________________________________________________________ 5. WHEREFORE, the undersigned asks that the Court refer this matter to the Auditor-Master so that he can: A. __________________________________________________________________ __________________________________________________________________ April 2010 American LegalNet, Inc. www.FormsWorkFlow.com B. __________________________________________________________________ __________________________________________________________________ C. __________________________________________________________________ __________________________________________________________________ (Pleading must be notarized in intervention, guardianship, conservatorship, and trust proceedings, and verified in decedent’s estates.) VERIFICATION I, ____________________________, being first duly sworn, on oath, depose and say that that I have read the foregoing pleading by me subscribed and that the facts therein stated are true to the best of my knowledge, information, and belief. _________________________________ Signature of petitioner Subscribed and sworn to before me this ____ day of ________________, 20______. _________________________________ Notary Public/Clerk CERTIFICATE OF SERVICE I hereby certify that on the ______day of____________________20________, a copy of the foregoing __________________________________________________________________ was served by first class mail, postage prepaid, upon the parties to the above captioned case, persons granted permission to participate, and persons who requested notice. (List each person by name and complete address. Use the “tab” key to move from box to box. Attach an additional sheet of paper if necessary. An example is given.) Jane Doe Department of Human Services 2342 City Street, NW Washington, DC 20000 ____________________ Signature April 2010 American LegalNet, Inc. www.FormsWorkFlow.com SUPERIOR COURT OF THE DISTRICT OF COLUMBIA PROBATE DIVISION _________ INT _________ _________ IDD _________ _________ ADM _________ _________ GDN _________ In re: _________ CON _________ _________ TRP _________ ________________________________ An Adult ORDER OF REFERENCE TO AUDITOR-MASTER Upon consideration of the record herein and the failure of , the , to , and it appearing that: a final account must be stated on his/her behalf and that it is necessary to have the account stated by the Auditor-Master, or _____, it is hereby on this day of , 20________ , ORDERED that pursuant to Superior Court, Civil Rule 53, this matter is referred to the Auditor-Master for his appointment, provided that, pursuant to Rule 53(b)(3), his appointment shall not be effective until he files an affidavit, within three days of the service of this order, disclosing that there is no basis for his disqualification under Superior Court, Civil Rule 63-I, and it is further ORDERED that the Auditor-Master shall be appointed in this case without limitation on his powers as set forth in Rule 53, to perform the duties described herein, and it is further ORDERED that the Auditor-Master shall move with all reasonable diligence in the execution of this Order, and is directed, upon the effective date of his appointment, to promptly schedule a meeting of the parties within twenty (20) days, and thereafter to file a written report April 2010 American LegalNet, Inc. www.FormsWorkFlow.com with appropriate findings and recommendations with the Court within days of the date of this Order, and the Court will review the Report in accordance with Superior Court, Civil Rule 53(g), and it is further ORDERED that a party may file objections to -- or a motion to adopt or modify -- the Auditor-Master's report and recommendations no later than 20 days from the time the AuditorMaster's report and recommendations are served, unless the Court hereafter sets a different time, and if no objections or motions are filed, the Court may adopt the report, and it is further ORDERED that ex parte communications are permitted between the Court and the Auditor-Master for scheduling, administrative or emergency purposes, and it is further ORDERED that ex parte communications are permitted between the Auditor-Master and parties, witnesses and other persons: 1. for the purpose of scheduling meetings or hearings, and 2. for the purpose of gathering documentation in support of the report, 3. so long as such communications do not involve substantive matters or issues on the merits, and 4. provided that the Auditor-Master shall maintain, as part of the record, a log of the name of persons communicated with, along with the date, time and substance of all communications made pursuant to this Order, which log shall be available for viewing by all parties. It is further ORDERED that the Auditor-Master shall not be compensated by the parties, but shall be entitled to recover costs as detailed in the Report, and it is further ORDERED that the Auditor-Master shall preserve the record upon which his report is based for one year after the report has been ruled upon by the Court and any appeals thereof exhausted. ________________________________ JUDGE Copies to: Louis L. Jenkins Auditor-Master D.C. Superior Court Gallery Place, Room 623 Attached List April 2010 American LegalNet, Inc. www.FormsWorkFlow.com cc: April 2010 American LegalNet, Inc. www.FormsWorkFlow.com