Small estate checker for the District of Columbia

A simplified probate case filed with the Probate Division of the D.C. Superior Court. A small estate specialist reviews the papers, a judge appoints a personal representative, and a final order says who receives each asset. The court says these cases usually take no more than 120 days from filing to the final order.

Limit

Up to $80,000 (deaths on or after March 21, 2025) Counted at full value, without subtracting debts.

Date of death	Limit
On or after March 21, 2025	$80,000
April 27, 2001 to March 20, 2025	$40,000
July 1, 1995 to April 26, 2001	$15,000
January 1, 1981 to June 30, 1995	$10,000

For a death on or after March 21, 2025, the property must be worth $80,000 or less. For deaths from April 27, 2001, to March 20, 2025, the limit is $40,000; from July 1, 1995, to April 26, 2001, $15,000; and from January 1, 1981, to June 30, 1995, $10,000.

What counts

The value of all the person's property subject to administration in D.C., such as accounts, stocks, vehicles, uncashed checks and D.C. real estate in the person's name. Property that passes to someone else at death (joint, payable-on-death, beneficiary or transfer-on-death property) is not part of the estate.

Waiting period

The law sets no waiting period to file. If the court orders publication, creditors and unknown heirs have 30 days from the one-time newspaper notice to file claims or objections before the court issues its final order.

Who can use it

Any person eligible to be personal representative, in this order of priority: the personal representative named in the will; the surviving spouse, domestic partner or children (no will) or the surviving spouse or domestic partner (with a will); the residuary legatee; children of a person with a will; grandchildren; parents; brothers and sisters; next of kin; other relatives; the largest creditor; any other person. The petitioner must be 18 or older and a U.S. citizen or lawful permanent resident; a petitioner who lives outside D.C. must file an irrevocable power of attorney naming the Register of Wills to receive notices.

Court or where to file

D.C. Superior Court, Probate Division (Register of Wills), Legal Branch small estate specialists, 515 5th Street NW, Room 314, Washington, DC 20001.

Notary

The petition is verified: you declare under penalty that its contents are true. Bring photo ID with your signature.

Papers to attach

• The person's will, if any, and the Certificate of Filing Will
• Photo identification of each petitioner with signature
• Death certificate
• Funeral bills and receipts for the funeral or cremation
• Written list of all assets the person owned or co-owned at death, with current statements for bank and credit union accounts, stocks, bonds and retirement accounts
• Vehicle title (or registration card) and written confirmation of the vehicle's value (an online trade-in quote is accepted)
• Property tax assessment bills for any real estate outside D.C.
• Uncashed checks payable to the person, and a letter from the D.C. Unclaimed Property Unit stating any value held
• Names and addresses of all heirs and, if there is a will, all legatees

Steps

1. Gather the documents on the court's checklist.
2. Fill in the Petition for Administration of Small Estate.
3. Bring the petition, documents and court costs to the Probate Division Legal Branch, Room 314, 515 5th Street NW. A small estate specialist reviews them; incomplete petitions are returned with a list of what is missing.
4. The specialist prepares an order for the judge. It may appoint you and order publication or a Verification of Assets, or it may be a final order.
5. If publication is ordered, pay the newspaper in advance; the notice runs once and gives creditors and unknown heirs 30 days. File the proof of publication.
6. Follow the final order: collect the assets, pay the debts it lists, and distribute the rest promptly to the people it names.

Fee

Court costs depend on the value of the assets: under $500, no cost; $500 to $2,500, $15; $2,500.01 to $15,000, $50; $15,000.01 to $25,000, $100; $25,000.01 to $50,000, $150; $50,000.01 to $75,000, $250; $75,000.01 to $100,000, $350. Pay by check or money order to 'Register of Wills', or cash. Newspaper publication, if ordered, is paid separately at the newspaper's rates.

If you can't pay

The Probate Division does not charge court costs to an estate while the personal representative is a person the court has granted a fee waiver, or after the estate is closed.

Debts and responsibility

A personal representative of a small estate does not need a lawyer, does not post a bond, and is not paid a commission. The personal representative must keep the estate's money separate, keep records, and pay debts and distribute only as the court's final order directs.

Forms

• Petition for Administration of Small Estate (SEB)
• General Instructions for Completing a Petition for Administration of Small Estate
• Verification of Assets (SEB)

Law: D.C. Code secs. 20-351 to 20-356, 20-303; D.C. Law 25-302

Source: Official page

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.

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

1. Wait at least 60 days after the death.
2. Pay the funeral expenses.
3. Write an affidavit with all the statements the law requires, signed by all known successors, naming the designated successor.
4. Attach a certified death certificate and give the affidavit to the bank, transfer agent, DMV or other holder.
5. 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