Sup. Ct. R. D.C. app C R. R. C-4

As amended through June 10, 2024
Rule C-4 - Expenditures and Sales
(a) EXPENDITURES. All expenditures from an estate by a conservator, except court costs and those provided by statute, must be made only upon prior authorization of the court.
(b) SALE OF PROPERTY. A conservator must not sell or otherwise dispose of estate property or encumber it without prior order of the court.
(c) EXPENDITURES AND SALES FOR INVESTMENT. A conservator must obtain a court order for all expenditures and sales for investment; however, the conservator may apply for approval by the court of an investment plan or program in accordance with Rule 119. If approved by the court, the investment plan may be carried out without the necessity of court approval of specific transactions; provided the transactions comply with the approved plan or program.
(d) FAILURE TO COMPLY. Failure to comply with the provisions of this rule constitute an irregularity or default. Such failure may result in personal liability and/or removal from office.

Sup. Ct. R. D.C. app C R. R. C-4

Adopted by Order dated March 4, 2022, effective 8/22/2022.

COMMENT

A petition for approval of proposed expenditures or for approval of a proposed sale or other disposition of estate property may be submitted to the court at any time and may request authority continuing beyond a specific accounting or annual period.

Reference should be made to Rule 119 for guidance on the reinvestment of the proceeds of sale of property. Excluding investment in federally insured bank accounts and United States Treasury obligations, a court order should be obtained to authorize such reinvestment if the proceeds are subject to court supervision and such investment is not authorized by the terms of the governing instrument or by statute.

Reference should be made to Rule 114 governing irregularity and default for the consequences of any failure to secure prior court authorization for any expenditures of funds, sale of property or the reinvestment of funds, sale of property or the reinvestment of property.