How Probate Works in District of Columbia

Standard administration in the Probate Division: petition for probate and appointment of a personal representative; letters issued (bond unless excused); within 20 days after appointment, publish notice of appointment once a week for 2 weeks, telling creditors to present claims within 6 months; prepare a verified inventory within 3 months after appointment (filed with the court in supervised estates); pay claims and expenses; distribute and close the estate.

Small estate administration ($80,000 or less): after the petition, the court appoints a personal representative, may order immediate payment of funeral expenses, and directs one published notice; claims and objections are due within 30 days after publication. Larger estates go through standard (usually unsupervised) administration.

Claims are barred unless presented to the personal representative or filed with the Register of Wills within 6 months after the first publication of notice of the personal representative's appointment. In a small estate, claims are due within 30 days after the single publication.

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.

D.C. does not use a simple out-of-court affidavit. Instead, an estate of $80,000 or less may be handled as a small estate in the Probate Division: a person eligible to be personal representative files a verified petition listing the decedent's property, known creditors and claims, and any pending lawsuits.

Wills and estates are handled by the Probate Division of the Superior Court of the District of Columbia.