Getting Started - How much does it cost to file a will?
There is no cost to file a will.
Wills (WIL)
Getting Started - Do you need a will to open an estate?
No. If the person died without a will, you may still file a petition for probate to open an estate and indicate on the petition that the person died intestate (which means "without a will"). If the person died with a will, the will must be filed either before or with the documents needed to open an estate.
Getting Started - Do all wills have to be filed?
Yes. The law requires that a will be filed within 90 days after the death of the testator (in other words, the person who executed or signed the will).
Getting Started - Can I retain the original will and file a copy?
No. The original will must be filed with the Probate Division of the Superior Court of the District of Columbia.
Getting Started - Can a will be filed prior to death?
No. A will may be filed only after the death of the person who signed the will.
Other Questions - Does a will need to be notarized?
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.
Other Questions - How do I get a will from a safe deposit box?
If you are not authorized to enter the safe deposit box of the decedent, you may petition for the appointment of a special administrator to open the safe deposit box by filing a Petition for Appointment of Special Administrator to Enter Safe Deposit Box and Order.
Other Questions - How long does the will remain at the Probate Division?
The Probate Division keeps wills forever as a permanent part of the public legal record. The will is kept in the Probate Division for a period of 10 years from the date of filing. After 10 years, it is archived permanently.
Other Questions - How do I obtain a will from someone who is withholding it?
File a petition for standard probate, and follow the procedure set forth in Superior Court, Probate Division Rule 403(a)(4). See Filing Standard Probate Proceedings in the District of Columbia.