Probate Division - Small Estates (SEB)
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General Information
For those people who died after April 26, 2001, and had assets with a total value of $40,000.00 or less,* a small estate proceeding may be opened to appoint a personal representative, pay claims, and make distribution of estate assets. You can get help with opening a small estate by talking to or meeting with a small estate specialist in the Legal Branch of the Probate Division. Please call 202-879-9448 if you have questions about small estates or if you want to make an appointment to see a small estate specialist.
* To be eligible to file as a "small estate," the value must be $10,000 or less if the person died between January 1, 1981, and June 30, 1995, or $15,000 or less if the person died between July 1, 1995, and April 26, 2001.
Definitions - A list of definitions of special words and phrases used in the Probate Division.
After Death - A Guide to Probate in the District of Columbia
Items Needed to Open a Small Estate Case
- Petition for Administration of Small Estate
- Decedent’s will (if any) and Certificate of Filing Will
- Photo identification with signature from the petitioner(s)
- Date and place of death verified by a death certificate
- Funeral bill(s) and receipts for funeral or cremation
- Written list of all assets:
- All real estate, including real estate located outside of the District of Columbia, providing the tax assessed value for the real estate for the fiscal year in which the decedent died.
- Current statement(s) for bank and credit union accounts, stocks, bonds and retirement accounts.
- Automobile title (preferable) or registration card and written confirmation of the value of the vehicle. A quote from an on-line source as to trade-in value is acceptable.
- Uncashed checks payable to the decedent.
- Letter from the District of Columbia Unclaimed Property Unit (202-442-8181) with value stated.
- Names and addresses of heirs-at-law/next of kin and if there is a will, the names and addresses for all legatees named in the will.
- Court Costs: Check or money order payable to "Register of Wills" or cash. The cost depends on the value of the assets:
| $0.01 - $499.99 | no cost |
| $500.00 - $2,500.00 | $15.00 |
| $2,500.01 - $15,000.00 | $50.00 |
| $15,000.01 - $25,000.00 | $100.00 |
| $25,000.01 - $40,000.00 | $150.00 |
- Publication Costs: The check or money order should be made payable to the newspaper.
Filing the Petition
The small estate specialist will review the Petition for Administration of Small Estate to ensure that it complies with the law and will, if necessary, assist with its completion. The specialist will also determine whether sufficient documents verifying the assets and debts have been supplied, whether further information is needed before the Court can act on the petition, and whether publication is required.
Publication is needed if the value of the estate’s assets (real estate and personal property) exceeds $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). In addition, publication is not required if the heir is the decedent’s adult child and the estate’s assets are under $11,500.00.
After the petition is accepted for filing, the small estate specialist will prepare an order for the judge’s signature. In most cases, the order will appoint a personal representative. The order may be a preliminary one, directing that a publication be made to notify potential creditors or that the personal representative file a Verification of Assets, or it may be a final order in which the Court decides who is entitled to receive monies from the estate and what amounts each individual will receive.
If publication is required by the Court’s order, the Probate Division will send the Notice of Appointment, Notice to Creditors and Notice to Unknown Heirs form to a newspaper of general circulation selected by the personal representative. The cost of publication is determined by the current rates charged by the newspaper. The notice states that the estate is being administered as a small estate, announces the name of the personal representative, and gives creditors and unknown heirs 30 days to file claims against the estate or to object to the appointment of a personal representative. The notice is published only once. The notice is mailed to all interested persons and to known creditors by registered or certified mail, return receipt requested. The personal representative must make diligent efforts to locate each creditor. After the publication occurs and payment is made, the newspaper will issue a proof of publication, which is filed with the small estate specialist in the Legal Branch of the Probate Division.
Role and Duties of the Personal Representative
The personal representative has an important role and is responsible for ensuring that all assets are collected, all debts are paid, and distributions of estate assets are made in accordance with the order of the Court. Very often, the person appointed by the Court is one of the closest living relatives of the decedent. The decedent's assets must be held separately from those of the personal representative, and the personal representative must keep accurate records of all estate expenses and payments.
Closing the Estate
A final order signed by the Court will close the estate. The order gives directions to the personal representative concerning the collection of estate property, the payment of debts, and the distribution of the remaining estate assets to heirs or legatees.
Compensation
Persons, including attorneys, appointed to be personal representatives in small estates are not entitled to be paid a commission for acting as personal representatives. Attorneys for personal representatives in small estates can receive up to $1,000.00 in accordance with D.C. Code, sec. 20-906(a)(3), depending on the size of the estate and priority payments.
Small Estate Forms
Frequently Asked Questions
What is a small estate?
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 "small 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.
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What is the difference between a small estate and a large estate?
Generally, the type and amount of assets - the assets of a small estate are $40,000.00 or less. A large estate can be opened for an estate of any value.
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Can a small estate be opened for real estate located outside the District of Columbia?
Yes, a small estate may be opened when the decedent’s assets include real estate located outside of the District of Columbia. Publication will be required in such a case.
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Can a small estate be opened for the purposes of obtaining medical records?
No. However, a large estate may be opened when it is necessary to obtain medical records for potential litigation purposes.
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Do I need to open an estate if I am a member of the decedent’s family?
Yes. The law says that no one, other than a Court-appointed personal representative, has authority over the assets that were solely owned by a person who is now deceased. The Court-appointed personal representative will collect and make proper distribution of the decedent’s assets in accordance with the Court’s orders.
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Why is it necessary to open an estate when the only asset is a car?
It is necessary to open an estate because, since June 2006, the District of Columbia government has required a Court order to transfer title of motor vehicles solely owned by a decedent.
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If I want to become the owner of an insurance policy to continue to pay the premiums for the insured person because the owner of the policy has died, what should I do?
You must contact the insurance company to find out what their procedure is for taking over the policy owned by a deceased person. An estate may need to be opened if the insurance policy is being cashed in and the proceeds payable to the decedent’s estate.
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I am the only person who helped the decedent; can I open the estate?
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.
If you are not an heir of the decedent, you may open a small estate by filing the petition, with an heir having the highest priority as your co-petitioner; please note that consents and renunciations by the other heirs should be filed.
If you are an heir of the decedent, but other heirs have priority over you, you may file a petition to open a small estate if you have renunciations from the heirs of higher priority. A creditor of the estate may also open a small estate by filing a petition for standard probate.
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What does it mean to have "priority to serve as personal representative"?
The District of Columbia Code defines who has the "highest priority" to serve as a personal representative in an estate. If you are not the person with the highest priority in the list below, please consult a small estate specialist with the Probate Division (202-879-9448):
- The personal representative named in the decedent’s will (if any)
- The surviving spouse, domestic partner, or children of the intestate decedent (that is, the person who died without a will); or the surviving spouse or domestic partner of a testate decedent (meaning, a person who died with a will)
- The residuary legatee in the decedent’s will
- The children of the testate decedent
- The grandchildren of the decedent
- The parents of a decedent
- The brothers and sisters of the decedent
- The next of kin of the decedent
- Other relations of the decedent
- The largest creditor of the decedent who applies for administration
- Any other person.
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Is an attorney required to administer a small estate?
No, unless you would like to hire an attorney to assist you. We have small estate specialists in the Legal Branch of the Probate Division to assist you.
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Can petitions for a small estate be mailed?
Yes; the address is Probate Division, D.C. Superior Court, 515 5th Street, NW, 3rd Floor, Washington, DC 20001. Please note, however, that if your petition is presented in person, any questions may be resolved immediately and the petition may be processed more efficiently.
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I’ve never done this, can someone else do this for me?
Yes, someone else can do this for you if you have priority to serve and give proper consent. If you are contemplating this option, please contact a small estate specialist with the Probate Division (202-879-9448) so that the issues can be discussed in detail.
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I do not have access to a typewriter or computer. Can the forms be handwritten?
The Superior Court’s rules require that the forms be typed. However, waiver of the rule may be requested, and the petition for small estate proceeding may then be handwritten, if legible. The Notice of Appointment, Notice to Creditors and Notice to Unknown Heirs must be typed. Typewriters are available for this purpose at the Probate Division’s Legal Branch, 515 5th Street, NW, 3rd Floor, Washington, D.C.
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I am estranged from my other family members and do not know their addresses. What do I do?
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 so serve, you must file a sworn statement as to your efforts to locate the persons who have priority to serve.
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How many times will I need to meet with a small estate specialist?
As a general rule you only have to make one visit. However, circumstances may require you to make another visit if your paperwork is incomplete or if you do not have all the supporting documentation regarding assets.
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How long is the small estate process?
Depending on the circumstances of the case, it may take as little as two weeks or as long as 120 days to complete a small estate case.
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Are letters of administration issued in small estates?
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.
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Why is it necessary to publish notices in a small estate case?
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). In addition, publication is not required if the heir is the decedent’s adult child and the estate’s assets are under $11,500.00.
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Why is it necessary to present a funeral bill, when the bill has already been paid?
A funeral bill must be submitted because it is a reimbursable expense of administration.
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Why is written verification of assets required?
A written Verification of Assets is required because it determines an asset’s value and type and confirms for the Court that the case is within the jurisdictional limits of a small estate.
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What expenses are eligible for reimbursement from the small estate?
The expenses that are eligible for reimbursement are Court costs, publication costs, administrative costs and/or statutory funeral costs.
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Am I entitled to be paid for serving as personal representative?
Persons, including attorneys, appointed to be personal representatives in small estates are not entitled to be paid a commission 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.
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Why does the designated beneficiary of insurance proceeds receive funeral reimbursement when it was not their personal funds that paid the bill?
A beneficiary of an insurance policy is entitled to keep the proceeds of the policy and spend the money on anything. They are not obligated to spend the money on the decedent’s funeral. Therefore because the law allows payment of the first $1,500.00 of funeral expenses, the insurance beneficiary is entitled to be repaid for up to $1,500.00 of funeral costs.
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What do I do if I discover more assets after the Court has issued a final order?
If assets are discovered after a final order has issued, a supplemental petition for small estate proceeding must be filed, along with written verification of those newly-found assets. If the amount discovered increases the estate assets over $40,000.00, then a petition for probate for a large estate will have to be filed.
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What documents need to be verified to be filed in the Probate Division?
The following pleadings must be verified to be filed in the Probate Division:
- All Petitions - SCR-PD 2(b) and 3
- Complaints filed in Probate Matters - SCR-PD 107(a), and 208(a)
- Accounts - D.C. Code 20-721
- Inventories - D.C. Code 20-711
- Guardian Reports - SCR-PD 328
- Assignments - SCR-PD 120 and 420
- Claims - D.C. Code 20-905(a)
- Affidavits of Mailing and Non-Mailing in Standard Probate - SCR-PD 403(a)(8)
- Any Affidavit - SCR-CIV 9
- Verification and Certificate of Notice - SCR-PD 403(b)(3)
- Certificate of Completion - SCR-PD 426
According to SCR-CIV 11, no other pleadings need be verified. Accordingly, motions, answers, responses and oppositions do not need to be verified.
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