Rule 308.Court Sales of Real and Personal Property
Group XIV: Fiduciary Proceedings · Not amended since adoption on record · Last verified July 14, 2026
Full Text of Rule 308
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.