Small Estates (SEB)

The following pleadings must be verified to be filed in the Probate Division:

1. All Petitions - SCR-PD 2(b) and 3
2. Complaints filed in Probate Matters - SCR-PD 107(a), and 208(a)
3. Accounts - DC Code 20-721
4. Inventories - DC Code 20-711
5. Guardian Reports - SCR-PD 328
6. Assignments - SCR-PD 120 and 420
7. Claims - DC Code 20-905(a)
8. Affidavits of Mailing and Non-Mailing in Standard Probate - SCR-PD 403(a)(8)
9. Any Affidavit - SCR-CIV 9
10. Verification and Certificate of Notice - SCR-PD 403(b)(3)

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.

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.

No. The final order issued by the Court will specifically identify the assets, authorize release to the personal representative, and direct how distribution is to be made.

Depending on the circumstances, a final order generally issues within 120 days of the filing of a Petition for Administration of Small Estate. If publication is not required and sufficient documentation is filed to verify the amount of the assets of the estate, a final order generally issues within two weeks.

The law requires publication to notify potential creditors when the estate’s assets (real estate and personal property) exceed $1,500.00. However, publication is not required if the heir is the decedent’s spouse or a minor child (under the age of 18) or if the heir is the decedent’s adult child and the estate’s assets are under $11,500.00.

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

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.

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 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.