Large Estate Cases (ADM)
For people who die domiciled in the District of Columbia and owning real property located in the District of Columbia and/or other assets of any value (such as bank accounts, stocks, and personal belongings), a decedent's estate (also known as a large estate) may be opened to appoint a personal representative, pay debts, and make distribution of estate assets to those person(s) who inherit them either through a will admitted to probate or through the laws of intestate succession.
The person who died is the "decedent." If the decedent died with a will, the person who is named in the will to handle the decedent's estate is the nominated personal representative. The nominated personal representative (or whoever has possession of the will) must file the will with the Court. If the decedent had assets, the nominated personal representative should file a petition for probate of the will and for appointment as the personal representative. If the decedent had assets but died without a will, his or her estate will still have to be probated by a court-appointed personal representative. The decedent’s next-of-kin has priority to file a petition for probate and serve as personal representative.
Much more detail regarding the process of administering an estate in the District of Columbia, including definitions of terms and a case diary of important deadlines, is included in "After Death - A Guide to Probate in the District of Columbia" below. Please read it carefully.
Although the law does not require a person to have a lawyer to probate an estate, the process is complicated, and an experienced probate lawyer is helpful, particularly since Probate Division staff cannot provide legal advice.
Opening a Case
The forms necessary to open a large estate differ depending upon the date of death of the decedent. Two sets of forms are available below. Check the name of the form and the heading on the form to make sure you are using the correct one for the date of death.
If the date of death is before January 1, 1981, there are no pre-printed forms available.
Please consult an experienced probate attorney to prepare the proper paperwork, and carefully review Superior Court, Probate Division Rule 10. Included in each set of forms (organized by date of death) are (1) forms to open an abbreviated probate estate, (2) forms to open a standard probate estate, (3) other general forms, and (4) inventory and accounting forms.
Filing a Petition
When the petition for probate is filed, it is reviewed by the Probate Division’s Legal Branch to ensure that all of the necessary documents have been submitted and that the filings comply with minimum legal requirements. After the petition is accepted for filing, the petition and any attachments, including a draft order, are transmitted to a judge. An order signed by a judge is needed to admit the will to probate if there is a will, appoint the personal representative, determine whether the administration of the estate is to be supervised or unsupervised, approve or waive bond, and order payment of the allowances provided for by law. A copy of the signed order will be mailed to the personal representative and his or her attorney with letters of administration and a Schedule of Mandatory Filings.
The Probate Division will send the document called Notice of Appointment, Notice to Creditors and Notice to Unknown Heirs to the two newspapers chosen by the personal representative for publication. The notice must be published once a week for three consecutive weeks concurrently in both of the publications. This publication serves as notice of the personal representative's appointment and establishes the deadline for filing a claim against the decedent’s estate or an objection to the proceedings. Publication of this notice is very important, and the personal representative is responsible for making sure that the publication occurs as directed. If the estate is unsupervised, the proofs of publication and a document titled Verification and Certificate of Notice must be filed with the Probate Division within 90 days of appointment of the personal representative. If the estate is supervised, the proofs of publication and an Inventory, which includes a Verification and Certificate of Notice must be filed within 90 days.
The Probate Division will send the document called Notice of Appointment, Notice to Creditors and Notice to Unknown Heirs to the two newspapers chosen by the personal representative for publication. The notice must be published once a week for three consecutive weeks concurrently in both of the publications. This publication serves as notice of the personal representative's appointment and establishes the deadline for filing a claim against the decedent’s estate or an objection to the proceedings. Publication of this notice is very important, and the personal representative is responsible for making sure that the publication occurs as directed. If the estate is unsupervised, the proofs of publication and a document titled Verification and Certificate of Notice must be filed with the Probate Division within 90 days of appointment of the personal representative. If the estate is supervised, the proofs of publication and an Inventory, which includes a Verification and Certificate of Notice must be filed within 90 days.
Although the law does not require a person to have a lawyer to probate an estate, the process is complicated, and an experienced probate lawyer is helpful, particularly since Probate Division staff cannot provide legal advice.
Large Estate Forms
Probate Forms for Large Estates of Those Who Died Between July 1, 1995 and the Present
Probate cases are referred to mediation at the Initial Scheduling Conference (the first time parties appear before a judge). Attendance at mediation is required. Once mediation is scheduled, a notice/order of the scheduled mediation with the date and time will be mailed to each party or to the party’s counsel of record, if any.
Probate Forms for Large Estates of Those Who Died Between January 1, 1981 and June 30, 1995
Probate cases are referred to mediation at the Initial Scheduling Conference (the first time parties appear before a judge). Attendance at mediation is required. Once mediation is scheduled, a notice/order of the scheduled mediation with the date and time will be mailed to each party or to the party’s counsel of record, if any.
Probate Forms for Large Estates for Decedents Who Died Before January 1, 1981
There are no form pleadings for persons who died before January 1, 1981. Because of the passage of time and because there were more required filings, these estates are very complicated. The Office of the Register of Wills cannot provide legal advice, so if an estate needs to be opened or re-opened for someone who died before January 1, 1981, it is highly recommended that you consult an attorney. Note that before 1981, real estate generally passed by operation of law, so estates were not opened when the only asset was real estate except when the decedent left a will to transfer assets following death. The law that applies to these estates can be found in Titles 18, 19, and 20 of the DC Code edition (with supplements, if any) for the year in which the decedent died. Past editions of these volumes of the DC Code are available at the Martin Luther King, Jr., Memorial Library, located at 901 G Street, NW, Washington. DC Superior Court, Probate Division Rules 10 to 26 apply to these estates. To assist filers, sample pleadings in a variety of estates with different dates of death and different issues have been imaged and can be reviewed. Images of the pleadings can be viewed on the public computers in the Probate Division, located in Room 314, 515 5th Street, NW, Washington, DC
Listing of Initial Petitions for Probate
1976 ADM 1277 - Estate of Lillie M. Bowens
Year of death: 1976
Petition to open testate estate to transfer realty filed 6-28-76
1976 ADM 1277 - Estate of Lillie M. Bowens
Year of death: 1976
Petition to open testate estate to transfer realty filed 6-28-76
1976 ADM 1277 - Estate of Lillie M. Bowens
Year of death: 1976
Petition to open testate estate to transfer realty filed 6-28-76
1976 ADM 1277 - Estate of Lillie M. Bowens
Year of death: 1976
Petition to open testate estate to transfer realty filed 6-28-76