(a) Sale of Real Property. Unless otherwise herein provided, a sale of real estate or any interest in land under an order of this court shall be governed by the provisions of Title 28, Section 2001, U.S.Code in the same manner as if such provisions were, by the terms thereof, applicable to proceedings in this court.
Rule 308.Court Sales of Real and Personal Property
Group XIV: Fiduciary Proceedings · Not amended since adoption on record · Last verified July 14, 2026
In one sentenceRule 308 governs court-ordered sales of real and personal property, laying out the publication, terms, and ratification steps for a public sale and the appraisal, minimum-price, and notice steps for a private sale, along with the fees paid to the auctioneer or officer conducting the sale.
Full Text of Rule 308
(b) Public Sale: Procedure. Except when the order of Court otherwise provides, the officer making a public sale shall proceed in the manner following:
(1) Publication. The officer shall give previous notice of the sale by publication once a week for 4 weeks in a daily newspaper of general circulation in the District of Columbia. The notice shall describe the property substantially as in the order and shall state the time, place, manner and terms of sale and the deposit required.
(2) Terms of Sale. The terms shall be one-third of the purchase money in cash and the balance in 2 equal installments, payable on or before one and 2 years from date of settlement of sale, represented by the promissory notes of the purchaser with interest at 6 per cent per annum, payable semi-annually, secured by deed of trust on the property, or all cash at the option of the purchaser.
(3) Place; Presence of Officer. The sale shall be held upon the premises, and the officer making the sale shall be present and personally receive the deposit. If there be more than one officer the presence of 1 will be sufficient.
(4) Report; Ratification. A verified report of the sale shall be promptly made to the Court. Thereupon on motion and notice the Court may, in its discretion, ratify the same with or without further notice. If the sale be ratified settlement shall be made and the real estate conveyed by proper deed.
(5) Form of Order of Sale. The order of sale shall not contain detailed directions as to the manner of proceeding, but shall do so only by reference to this rule.
(6) Compensation of Auctioneer. The compensation of the auctioneer shall be one and one-half percent of the 1st $10,000 plus three-eighths of 1 per cent of any amount over $10,000, of the value of the equity in the property being sold. In the event that the property is unencumbered by indebtedness, the auctioneer's compensation shall be computed and paid at the same rate upon the entire sales price. In no case shall the auctioneer's compensation be less than $35 unless the property is withdrawn after being offered for sale, in which event the auctioneer's compensation shall be $25.
(c) Private Sale: Procedure.
(1) Order for. A private sale may be ordered after a hearing of which notice to all interested parties is given by publication or otherwise as the Court may direct, if the Court finds the best interests of the estate will be conserved thereby.
(2) Appraisers. Before confirmation of a private sale the Court shall appoint 3 disinterested persons to appraise the property, or different groups of 3 appraisers each to appraise properties of different classes or situated in different locations. Such appraisers are to be appointed from the list maintained by the Register of Wills pursuant to SCR-P.D. 113.
(3) Minimum Sale Price. A private sale shall not be confirmed at less than two-thirds of the appraised value.
(4) Order Nisi, Increased Offer; Confirmation. At least 10 days before confirmation of a private sale the terms thereof shall be published in such newspaper or newspapers of general circulation in the District of Columbia as the Court may direct, and the sale shall not then be confirmed if a bona fide offer has been made, under such conditions as the Court may prescribe, which guarantees at least a 10 per cent net increase over the price specified in such published offer.
(d) Account; Distribution of Proceeds. Promptly after the settlement of a private or public sale made under this rule a full and detailed account shall be filed and presented to the Court and the proceeds distributed as the Court may direct.
(e) Compensation to Officer Making Sale. The compensation of the trustee or officer making a sale hereunder shall be 5 per cent on the 1st $3,000, plus two and one-half percent on the next $10,000, plus 1 percent on any amount in excess of $13,000 dollars of the value of the equity in the property being sold. In the event that the property is unencumbered by indebtedness, the compensation of the trustee or officer making the sale shall be computed and paid at the same rate upon the entire sales price. The compensation may be increased or reduced by the Court for special cause shown in writing.
(f) Sale of Personal Property. Unless otherwise herein provided, a sale of personal property under an order of this Court shall be governed by Title 28, Section 2004, U.S. Code, in the same manner as if such provisions were, by the terms thereof, applicable to proceedings in this Court. The officer making sale shall account and distribute as provided by paragraph (d) hereof. The officer shall be allowed such compensation and expenses as the court may fix.
Comment
Identical to USDCDC [District Court] Rule 28, except for changes in (a) and (f) caused by analogical application of U.S. Code provisions.
Plain-English Summary
Rule 308 fills in the mechanics whenever the Superior Court orders real or personal property sold in a fiduciary or estate matter. Real property sales generally follow the same federal statute governing judicial sales of land, and personal property sales follow the parallel federal statute for personal property, as though those statutes applied directly in Superior Court. For a public sale, the officer conducting it must publish notice once a week for four weeks describing the property and the sale's time, place, and terms, hold the sale on the property itself with the officer present to take the deposit, and default to selling on one-third cash with the balance financed over one or two years secured by a deed of trust, unless the purchaser prefers to pay all cash. The sale is not final on the fall of the gavel — the officer files a verified report, and the court ratifies the sale, before a deed conveys the property.
A private sale follows a different path built around independent valuation and a chance for a better offer to surface. The court can order one only after a hearing and notice to interested parties, and only if it finds the estate's best interests are served. Before confirming the sale, the court appoints three disinterested appraisers, drawn from the Register of Wills' list, and the sale cannot be confirmed below two-thirds of the appraised value. At least ten days before confirmation, the terms are published, and if a bona fide competing offer surfaces during that window that beats the published price by at least ten percent, the sale is not confirmed on the original terms — the private-sale process builds in a public check even though the initial sale itself was negotiated privately.
Whichever path is used, the officer conducting the sale files a full account of the proceeds afterward, and distribution follows the court's direction. The rule also fixes what the sale costs the estate: an auctioneer at a public sale and a trustee or officer conducting either kind of sale are each paid according to a tiered percentage schedule based on the value of the equity being sold, with the court retaining power to adjust the officer's compensation for cause shown in writing.
Frequently Asked Questions
How is notice given before a public sale of estate real property?
Rule 308(b)(1) requires the officer making the sale to publish notice once a week for four weeks in a daily newspaper of general circulation in the District of Columbia, describing the property and stating the time, place, manner, and terms of sale.
What are the default payment terms at a public sale under Rule 308?
Unless the court's order says otherwise, the default is one-third of the purchase price in cash with the balance in two equal installments over one and two years, secured by a deed of trust and bearing 6 percent annual interest, though the purchaser may instead choose to pay all cash.
Is a public sale final once the auctioneer accepts a bid?
No. Rule 308(b)(4) requires the officer to file a verified report of the sale with the court, and the court must ratify the sale before settlement occurs and the property is conveyed by deed.
How low can a private sale price go compared to the property's appraised value?
Rule 308(c)(3) prohibits confirming a private sale at less than two-thirds of the value set by the three court-appointed appraisers.
Can someone outbid the buyer after a private sale price has been set but before it is confirmed?
Yes, within limits. Rule 308(c)(4) requires the sale terms to be published at least ten days before confirmation, and the court will not confirm the sale if a bona fide competing offer during that window guarantees at least a 10 percent net increase over the published price.
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: dc court ordered sale of real estateauctioneer fee estate sale dcprivate sale appraisal requirement dcpublic sale ratification dc superior courtconservator sale of property dc