(a) Fiduciaries Must Give Undertaking; How Amount Determined. In trust estates under the supervision of the court, where there is no specific statutory provision for the giving of an undertaking, all committees, trustees, and other fiduciaries appointed by the court, except trust companies as provided in D. C. Code (1967 edition) § 26-333 [§ 26-1333, 2001 Ed.] and national banks as provided in 12 U.S.C. § 92a(f), before entering upon the discharge of the duties as such fiduciary shall execute an undertaking with surety approved by the court in a penalty equal to the amount of the personal property, the annual income therefrom and the yearly rents to be derived from the real estate of such trust estate, conditioned for the faithful performance of such trust. Should it become necessary to sell real estate of the trust estate, the fiduciary shall execute such additional undertaking as may be required by the court before accepting in such fiduciary capacity the proceeds from the sale of real estate.
Rule 303.Bonds and Undertakings
Group XIV: Fiduciary Proceedings · Not amended since adoption on record · Last verified July 14, 2026
In one sentenceRule 303 requires most court-appointed fiduciaries over a trust estate to post an approved bond sized to the estate's assets and income, sets a two-day notice period for court approval of a bond, and bars bar members and other court officers from serving as surety.
Full Text of Rule 303
(b) Approval by Court: When. Any bond or undertaking required in an action or proceeding, which is not approvable by the clerk, must be approved by the court. Two days' written notice of an application to approve any such bond with the name and address of the surety shall be served on all parties to be secured.
(c) Persons Not Acceptable as Surety. No member of the bar in active practice or other officer of the court will be accepted as surety.
Comment
Identical to USDCDC [District Court] Rule 20, except for typographical changes.
Plain-English Summary
Rule 303 protects the assets a court-appointed fiduciary manages by making that fiduciary post security before taking office. Absent a specific statute saying otherwise, every committee, trustee, or other fiduciary the court appoints over a trust estate must execute an undertaking, backed by court-approved surety, sized to the personal property in the estate plus its annual income and any yearly rents from real estate — all conditioned on faithfully performing the fiduciary duties. Trust companies and national banks acting as fiduciary are excused from this requirement under the statutes the rule cites. If the fiduciary later needs to sell estate real estate, the court can require an additional undertaking before the fiduciary takes custody of the sale proceeds.
Not every bond needs a judge's approval — the clerk can approve some. When court approval is required, though, Rule 303(b) calls for two days' written notice of the application, including the surety's name and address, served on everyone the bond is meant to protect.
Rule 303(c) closes a conflict of interest: no member of the Bar in active practice, and no other officer of the court, can act as surety on a fiduciary's bond.
Frequently Asked Questions
Does every court-appointed fiduciary have to post a bond?
Generally yes, unless a specific statute provides otherwise; trust companies and national banks acting as fiduciary are excused under the statutes the rule cites.
How is the bond amount calculated?
It equals the amount of the estate's personal property plus its annual income and any yearly rents from real estate, conditioned on the fiduciary faithfully performing the trust.
What happens if the fiduciary needs to sell real estate belonging to the estate?
The court can require an additional undertaking before the fiduciary accepts the proceeds of that sale in a fiduciary capacity.
Does every bond need a judge's approval?
No. The clerk can approve some bonds; others require court approval, preceded by two days' written notice of the application, including the surety's name and address, served on the parties to be secured.
Who is barred from acting as surety on a fiduciary's bond?
No member of the Bar in active practice and no other officer of the court may serve as surety.
Source & verification. Rule text and official Comments are
reproduced verbatim from the District of Columbia Superior Court Rules of Civil
Procedure, adopted by the Superior Court of the District of Columbia. Last verified July 14, 2026.
· Official source
Also known as: fiduciary bond requirements dc superior courttrustee undertaking amount dcconservator bond surety dc courtcourt approval of bond dc rulewho can be a surety dc fiduciary