A subject is the person who is alleged to be incapacitated.

A small estate proceeding may be opened for people who died after April 26, 2001, and had assets with a total value of $40,000.00 or less. If the person died between January 1, 1981, and June 30, 1995, the value of the estate must be $10,000 or less to qualify as a small estate. If the person died between July 1, 1995, and April 26, 2001, the value must be $15,000 or less to qualify.

1. An action to contest the validity of a will in accordance with DC Code, sec. 20-305

2. An action for payment of a claim in accordance with DC Code, sec. 20-908

3. An action to institute a plenary proceeding in accordance with DC Code, sec. 16-3105

Any other claim for relief that is not required by statute or rule to begin with the filing a petition may begin with the filing of either a complaint or a petition pursuant to Superior Court, Probate Division Rule 407.

A foreign will is a term used to describe a will that has been filed and accepted in a state or jurisdiction other than the District of Columbia.

Persons, including attorneys, appointed to be personal representatives in small estates are not entitled to be paid for acting as personal representatives. Attorneys for personal representatives in small estates can receive up to $1,000.00 depending on the size of the estate and other payments approved by the Court in the final order.

Yes, a small estate may be opened when the decedent’s assets include real estate located outside the District of Columbia. Publication will be required in such a case.

No. However, a large estate may be opened when it is necessary to obtain medical records for any purpose including potential litigation.

It is recommended that the petition be filed in person so that any questions may be resolved immediately and the petition will be processed more efficiently. If you do not live in the Washington DC metropolitan area or cannot file in person for any other reason, the petition, filing fee, and required attachments may be mailed to Probate Division, DC Superior Court, 515 5th Street, NW, 3rd Floor, Washington, DC 20001.

Generally, the petition should be filed in the jurisdiction in which the person lives.

No; however, the filing of a petition for appointment of a guardian and/or conservator begins a contested legal proceeding (i.e., the person who files the petition bears the burden of proving the incapacity of the subject at a hearing in Court at which evidence can be presented, witnesses can testify and be cross-examined, and legal arguments can be made). Counsel will be appointed to represent the interests of the subject. Counsel is not appointed to represent the petitioner.