Probate - General

No. Under the law in the District of Columbia, the will must be in writing, signed by the testator, and attested and signed by at least 2 credible witnesses in the presence of the testator.

Apply for an Employer Identification Number (EIN), a special tax identification number for an estate, by contacting the Internal Revenue Service at 800-829-4933.

The Probate Division does not maintain a list of real estate appraisers. Consult the yellow pages of the phone book or the Internet for listings of real estate appraisers licensed in the District of Columbia.

The decision to distribute assets in a supervised estate is made by the personal representative and depends upon the assets of the estate, outstanding claims, debts, or liabilities, and the expiration of the six-month creditor claim period. Although all or some of the assets may be distributed sooner, in a supervised estate any assets remaining are distributed after the Court has approved the final account. In an unsupervised estate, any assets remaining are generally distributed 60 days after the final account is mailed to all remaining interested persons.

Unsupervised estates close three years from the date of appointment of the personal representative unless ordered otherwise by the Court or unless the personal representative chooses to file a Certificate of Completion to close the estate sooner. The court closes the estate administratively, and no notice is sent. Supervised estates close when the final account is approved by the Court.

The personal representative is responsible for responding to those who file claims by sending a Notice of Action on Claim, which says (1) whether the claim has been allowed for the requested amount, (2) whether the claim has been disallowed or allowed for an amount less than the amount requested and what the procedures and time limits for contesting the disallowance or reduction are, or (3) whether the personal representative will petition the Court t

The personal representative is responsible for collecting the assets; paying or dealing with any claims, debts, or bills with the decedent’s funds; filing the decedent’s final income tax return and any missing returns; filing any tax returns required of the estate; keeping the interested persons informed of the progress of the estate; and distributing the remaining assets to those entitled to receive them.

An appraisal of real property is not required for accounting purposes. Instead, a tax-assessed value from the DC Office of Tax and Revenue may be used. If, however, you are filing a petition for sale of real property, an appraisal is required by Superior Court, Probate Division Rule 112(b) (for estates of decedents who died before July 1, 1995).

First, consider whether additional bond is required. If so, petition to increase bond.

Next, if the estate is unsupervised and the Verification and Certificate of Notice has not been filed, include the additional assets on the Verification and Certificate of Notice when it is filed and pay any additional Court costs then.

By preparing and executing a deed from you as personal representative of the estate to the person entitled to receive the house and filing the deed at the Recorder of Deeds. There is a filing fee, and other documents must be presented at filing, so check with the Recorder of Deeds office before going. The Recorder of Deeds is part of the Office of Tax and Revenue of the District of Columbia and is located at 1101 4th Street, S.W., 5th Floor, Washington, DC 20024, (202) 727-5374.