Operating Status
ShareOther Questions - 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, they can file a Renunciation.
Other Questions - If a will has been filed incorrectly in the District of Columbia, how can it be released, so that it can be filed in the proper jurisdiction?
Once a will has been accepted for filing, it can be released only by order of the Court. To obtain such an order, file a verified petition for release of the will and a proposed order authorizing transfer of the will. The following information must be included in the petition: (1) the facts that indicate that the will was filed in the District of Columbia in error, (2) the facts that explain why another state has jurisdiction, (3) the mailing address and telephone number of the Clerk of the Court in the jurisdiction to which the will is to be transferred who is authorized to accept the will on behalf of that Court. The Court will review the petition and issue an order either granting the petition or denying it. A copy of the order will be mailed to you. If the petition is granted, the Office of the Register of Wills will send the will to the other jurisdiction as a court-to-court transfer.
Other Questions - I have been told to come to the Probate Division to pick up letters. How is this done?
Letters of Administration are the formal document issued by the Court after a petition for probate is filed and the Court issues an order opening the estate and appointing a personal representative. When a personal representative is appointed in a large estate proceeding, 12 original Letters of Administration are included in the materials sent to the personal representative or counsel for use in administering the estate. Additional Letters may be ordered by the personal representative or counsel at a cost of $1.00 each. To request appointment as personal representative, see Filing for the Administration of a Decedent’s Estate (ADM) in the District of Columbia.
Other Questions - How much does it cost to request a copy of a will?
If the Probate Division copies a 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.
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.
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 - 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.
Serving as Personal Representative - Where do I obtain a tax I.D. number for the estate?
Apply for an Employer Identification Number (EIN), a special tax identification number for an estate, by contacting the Internal Revenue Service at 800-829-4933.
