Letters Testamentary in District of Columbia

Letters are issued by the Probate Division of the D.C. Superior Court (Office of the Register of Wills). A petition for probate and appointment of a personal representative is filed with the will. As a condition of appointment, the personal representative files a statement accepting the duties of the office, any required bond, and a written consent to personal jurisdiction in D.C.; a non-resident must also file an irrevocable power of attorney naming the Register of Wills to receive legal papers. Bond is required unless the will excuses it or interested persons waive it in writing. The court then issues letters testamentary (with a will) or letters of administration (without one).

Priority: the personal representative named in the will, then the surviving spouse or domestic partner (and, with no will, children), residuary legatees, children, grandchildren, parents, siblings, next of kin, other relatives, the largest creditor, then any other person. A person under 18, a person with certain unpardoned felony convictions, or a non-citizen who is not a lawful permanent resident cannot serve. A non-resident of D.C. may serve only after filing an irrevocable power of attorney naming the Register of Wills to receive notices and legal papers. Bond (with court-approved surety) is required unless the will excuses it or interested persons waive it in writing; a person with an interest or claim over $1,000 may demand bond.