Generally, the type and amount of assets - the assets of a small estate are $40,000.00 or less for people who died after April 26, 2001. A large estate can be opened for an estate of any value.
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.
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.
Yes if the decedent owned an asset that needs to be transferred. According to the law in the District of Columbia, only a Court-appointed personal representative has authority over any assets that were solely owned by a person who is now deceased when there is no beneficiary or payable on death designation. The Court-appointed personal representative will collect the decedent’s assets and make distribution in accordance with the final order that the Court will issue.
As a general rule, if the paperwork that is submitted for filing is complete, only one time. If the paperwork is incomplete or more supporting documents are required, more meetings may be necessary.
The nominated personal representative in a will or, if the decedent died without a will, an heir with the highest priority to serve as personal representative may file a petition to open a small estate proceeding. The estate procedure is always easier and faster if the person with highest priority to serve files the petition to open the small estate. The order of priority is listed below.
Identify your family members by name, and indicate that you do not know where they live. If you are petitioning for appointment as personal representative, but you do not have priority to serve, you must file a sworn statement as to your efforts to locate the persons who have priority to serve.
