Small estate affidavit in the District of Columbia: who can use it and how

If the whole estate is small and has no real estate, the people who inherit can sign a sworn affidavit and give it to a bank, transfer agent, the DMV or anyone else holding an asset. The holder must pay or deliver the asset to the 'designated successor' named in the affidavit. Nothing is filed with the court.

Up to $40,000 (deaths on or after March 21, 2025), 60 days after the death, no court filing.

Checked against official sources: October 30, 2026.

Payment or delivery of small asset by affidavit (transfers by affidavit)

Limit

Up to $40,000 (deaths on or after March 21, 2025) Counted after subtracting liens (what is owed on the property).

Date of death	Limit
On or after March 21, 2025	$40,000

For a death on or after March 21, 2025, the person's entire probate estate, less liens and encumbrances, must be worth no more than $40,000 (and more than the estate's known debts), with no real estate.

What counts

The value of the person's entire probate estate, wherever located, less liens and encumbrances, on the date of death. It must be more than the estate's known debts but not more than $40,000, and the estate cannot include any interest in real property.

Waiting period

At least 60 days must have passed since the death, as shown by a certified death certificate attached to the affidavit.

Who can use it

All known successors (people other than creditors who inherit under the will or the law) must make the affidavit. It names a 'designated successor' who receives the asset and has a legal (fiduciary) duty to safeguard it and promptly pay or deliver each successor's share. No application for a personal representative can be pending or granted anywhere.

Court or where to file

Not filed with a court. You give it to the holder of the asset.

Notary

The successor swears or affirms that all statements are true under penalty of perjury.

Papers to attach

Certified copy of the death certificate
Statement that the funeral expenses have been paid
Names and addresses of all successors and the share of the asset each is entitled to
Any certificates for securities, surrendered to the transfer agent

Steps

Wait at least 60 days after the death.
Pay the funeral expenses.
Write an affidavit with all the statements the law requires, signed by all known successors, naming the designated successor.
Attach a certified death certificate and give the affidavit to the bank, transfer agent, DMV or other holder.
The designated successor receives the asset and passes each successor's share on promptly.

Fee

There is no court filing fee because the affidavit is not filed with the court. The DMV charges its normal title fees for a vehicle.

Debts and responsibility

The designated successor has a fiduciary duty to safeguard and promptly pay or deliver the asset. Anyone who receives an asset this way must account for it to any personal representative appointed later or to another successor with an equal or better right. False statements are perjury.

What the bank or holder must do

A holder presented with a proper affidavit must pay or deliver the asset; transfer agents must re-register securities and the DMV must transfer a vehicle title. The holder is released as if it had dealt with a personal representative and need not check the truth of the affidavit. If it refuses, the asset can be recovered with damages in court, and a holder that refuses without reasonable cause must pay the successors' costs and reasonable attorney's fees; the holder must prove reasonable cause.

Law: D.C. Code secs. 20-360 to 20-362 (D.C. Law 25-302

Source: Official page

What counts toward the limit in the District of Columbia

For a small estate case, add up the value of the person's property subject to administration in D.C.: things in the person's name alone, including D.C. real estate and vehicles. Do not subtract debts (they are paid from the estate). Property that passes to someone else at death is not counted. The separate affidavit procedure uses a different test: the whole probate estate less liens, up to $40,000, with no real estate.

Law: D.C. Code secs. 20-105, 20-351, 20-361

In this state the total is counted at full value, without subtracting debts.

Kind of property	How it is treated	Details
Bank accounts in the person's name alone	Counts	Bank and credit union accounts in the person's name alone count. Law: D.C. Code 20-351
Joint or payable-on-death (POD) bank accounts	Left out	Accounts that pass to a surviving joint owner or a payable-on-death beneficiary are not part of the estate. Law: D.C. Code 20-105
Cars and other vehicles	Counts	A vehicle in the person's name alone counts at its value (the court accepts an online trade-in quote). A vehicle with a DMV beneficiary passes outside the estate. Law: D.C. Code 20-351
Boats and mobile or manufactured homes	Counts	A boat or other personal property in the person's name alone counts. Law: D.C. Code 20-351
Real estate in the District of Columbia	Counts	D.C. real estate in the person's name counts toward the small estate limit. (Real estate means the affidavit procedure cannot be used.) Real estate with a recorded transfer-on-death deed passes to the beneficiary. Law: D.C. Code 20-105, 20-351, 20-361(a)(1)
Main home (primary residence)	Counts	The person's home counts if it was in their name alone and has no transfer-on-death deed. Law: D.C. Code 20-105, 20-351
Real estate in another state	Not clear	The court asks you to list real estate outside D.C. with its tax assessment bill; ask a small estate specialist how it affects the limit.
Unpaid wages owed to the person	Counts	Unpaid wages and other money owed to the person are estate assets and count. Law: D.C. Code 20-351, 20-360(3)
Military pay owed to the person	Not clear	Ask the Probate Division's small estate specialists how to list military pay owed to the person. Law: D.C. Code 20-351
Life insurance or retirement money paid to a named person	Left out	Life insurance and retirement benefits paid to a named beneficiary pass to that person and are not part of the estate. Law: D.C. Code 20-105
Life insurance or retirement money paid to the estate	Counts	Insurance or retirement money payable to the estate counts. The court asks for statements for retirement accounts. Law: D.C. Code 20-351
Property in a living trust	Left out	Property held in a trust passes under the trust and is not part of the estate. Law: D.C. Code 20-105
Property owned jointly with right of survivorship	Left out	Property that passes to a surviving joint owner is not part of the estate, though the court asks you to list co-owned assets. Law: D.C. Code 20-105
Property going to a surviving spouse	Counts	Property in the person's name alone counts even if it goes to the spouse or domestic partner; D.C. has no separate higher limit for a spouse. Law: D.C. Code 20-351
Stocks, bonds and brokerage accounts	Counts	Stocks and bonds in the person's name alone count. Securities registered in transfer-on-death form pass to the beneficiary. Law: D.C. Code 20-351, 19-603.01 et seq
Furniture, jewelry and other belongings	Counts	Furniture, jewelry and other belongings count at their value. Law: D.C. Code 20-351

Source: Official page

Questions about small estates in the District of Columbia

How long must I wait to use the affidavit in the District of Columbia?

At least 60 days must have passed since the death, as shown by a certified death certificate attached to the affidavit.

What does the affidavit cost in the District of Columbia?

There is no court filing fee because the affidavit is not filed with the court. The DMV charges its normal title fees for a vehicle.

Am I responsible for debts if I use the affidavit in the District of Columbia?

Free help in the District of Columbia

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.