Probate Division - Wills (WIL)
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General Information
Wills are filed with the Probate Division at the Probate Clerk’s Office, located at 515 5th Street, NW, Room 314, Washington, DC 20001. The will should be original and executed in accordance with the law of the District of Columbia. The will should be filed within 90 days after the death of the testator with a Certificate of Filing Will. An Affidavit of Witness may be filed to explain any irregularity contained in the will. There is no cost to file a will.
The will, the Certificate of Filing Will and the Affidavit of Witness, if necessary, are filed in a WIL case jacket and assigned a WIL case number.
Forms
Frequently Asked Questions
How much does it cost to file a will?
Nothing; there is no cost.
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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 (i.e., the person who executed or signed the will).
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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.
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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. A form entitled Petition for Appointment of Special Administrator to Enter Safe Deposit Box is available on this website.
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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.
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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.
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How much does it cost to request a copy of a will?
If the Probate Division is to copy the will for you, it will cost 50¢ per page. If you wish to visit the Probate Division to copy the will yourself, you may do so at the public copier at a cost of 25¢ per page.
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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.
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Does the Probate Division accept living wills for filing?
No.
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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 policy is to maintain the will in the Probate Division for a period of 10 years from the date of filing. After 10 years, it is archived permanently.
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If there is no estate why does the will need to be filed and retained at the Probate Division?
Under the law, you must file the will even if there is no estate. Whether an estate is opened or is solvent is a separate issue.
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Who is the personal representative?
The personal representative is the person appointed by the Court to administer a decedent’s estate. It can be the person nominated in the decedent’s will. If the decedent died without a will, it can be the decedent’s next of kin. In some situations, a creditor of the decedent can be the personal representative.
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If I am nominated in a will to serve as personal representative and do not wish to serve as personal representative, what should I file?
If a nominated personal representative does not wish to serve, he/she can file a renunciation of nomination. This form is available on this website.
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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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For feedback on webpage usage, please email ProbateDocket@dcsc.gov.
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