The Superior Court’s rules require that the forms be typed. However, waiver of the rule may be requested, and the petition for small estate proceeding may then be handwritten, if legible. The Notice of Appointment, Notice to Creditors and Notice to Unknown Heirs must be typed. Typewriters are available for this purpose at the Probate Division, 515 5th Street, NW, 3rd Floor, Washington, DC
Contact the insurance company to determine its procedure for assuming the policy owned by a deceased person. An estate may need to be opened if the insurance policy is being cashed and the proceeds paid to the decedent’s estate.
No, unless you would like to hire an attorney to assist you. Small estate petitions are fairly simple to complete. Small estate specialists are available in the Legal Branch of the Probate Division to answer any questions remaining when the petitions are filed.
The District of Columbia Code (DC Code, sec. 20-303) defines who has the highest priority to serve as a personal representative of an estate. If you are not the person with the highest priority to serve, seeking appointment will be more difficult. Priority to serve is as follows:
1. The personal representative named in the decedent’s will if there is a will
2. If the person dies without a will, the surviving spouse, domestic partner, or children If the person dies with a will, the surviving spouse or domestic partner
3. The residuary legatee in the decedent’s will
4. The children of a person who died with a will
5. The grandchildren of the decedent
6. The parents of a decedent
7. The brothers and sisters of the decedent
8. The next of kin of the decedent
9. Other relations of the decedent
10. The largest creditor of the decedent who applies for administration
11. Any other person.
If the person who has priority to serve as personal representative does not wish to do so, the person can sign and file a renunciation and, if the person so chooses, consent in writing to the appointment of someone else. However, small estates tend to be processed more quickly and smoothly if the person who has priority to serve does serve.
The expenses that are eligible for reimbursement are Court costs, publication costs, administrative costs, and/or statutory funeral costs.
The beneficiary of an insurance policy is entitled to keep the proceeds of the policy and is not obligated to spend the money on the decedent’s funeral. Because the law allows repayment of the first $1,500.00 of funeral expenses as a priority distribution, the insurance beneficiary is entitled to be repaid for up to $1,500.00 of funeral costs.
It is necessary to open an estate because since June 2006, the District of Columbia government has required a Court order to transfer title to motor vehicles solely owned by a decedent.
A funeral bill must be submitted because it's a reimbursable expense of administration. The person who paid the bill may receive a refund of some or all of that payment from the assets of the estate.
A written Verification of Assets is required because it confirms an asset’s value and type and confirms for the Court that the case is within the jurisdictional limits of a small estate. All assets are included in the final order, and the amount of the asset must be exact to the penny or the distributions included in the final order will be incorrect.
If assets are discovered after a final order has issued, a supplemental petition for small estate proceeding and written verification of those newly found assets must be filed. If the amount discovered increases the estate assets over $40,000.00, then a petition for probate for a large estate must be filed.