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Definition - What is the difference between standard and abbreviated probate?

An abbreviated probate proceeding may be filed by a person having priority to serve as personal representative. Most estate administrations are abbreviated probates. Unusual estates, such as those in which the person seeking appointment does not have priority to be appointed or someone is seeking admission of a copy of a will or exclusion of an original will, require a standard probate proceeding. See DC Code, sec. 20-321, et seq. In standard probate proceedings, there are additional filing requirements and an additional set of publications before a personal representative is appointed. Once a personal representative is appointed, the estate is either supervised or unsupervised. For further information regarding when a standard probate proceeding must be filed and what documents are required, see Filing Standard Probate Proceedings in the District of Columbia.

Definition - What is the difference between a large and small estate?

The assets of a small estate cannot exceed $40,000.00. In addition, a small estate can be opened if the only asset is real estate located outside the District of Columbia. In contrast, the assets of a large estate may include real estate located in the District of Columbia and other assets of any value. A large estate can be opened for litigation purposes, but a small estate cannot.

Definition - What is the case number, estate number, will number, and where can it be found?

When a will or a petition to open an estate is filed, it is assigned a case number that includes the year, then "WIL," "SEB," or "ADM" then an additional number. For example, 1995 ADM 22 is a case number that means the 22nd large estate filed in 1995. The case number can usually be found in the top right-hand corner of a pleading. It can also be found by searching for the decedent by name by computer via the Court’s Court Cases Online.

Definition - What is a personal representative?

A decedent can nominate a personal representative in his or her will, but that person is not officially the personal representative until the Court issues an order appointing that person as personal representative. Once appointed, the personal representative is responsible for settling the decedent’s estate. Until the Court has appointed someone, no one has the authority to deal with the decedent’s affairs.

Getting Started - Are consents sufficient when another person has higher priority to serve as personal representative?

No. Any person who has higher priority to serve and is choosing not to do so must sign a renunciation (not a consent). The renunciation states that the person knows that he or she has higher priority to serve and is still choosing not to do so. The consent does not contain that language.

Getting Started - How do I complete the Notice of Appointment, Notice to Creditors and Notice to Unknown Heirs?

If you have an attorney, that attorney will prepare the notice for your signature. If you are not represented by an attorney, type the decedent's name in the top line and on line 3 in the body of the notice exactly as it appears in the petition for probate. Type the name(s) of the persons who are asking to be appointed in the first line in the body of the notice and their addresses in the second line. Type the decedent's date of death in the third line. Do not type anything else in the body of the notice. The Probate Division staff will insert the dates.

All persons asking to be appointed as Personal Representative should sign the bottom of the notice and list their telephone numbers. The names of two District of Columbia newspapers must be inserted on the two lines on the bottom left. One of the newspapers must be a legal newspaper of general circulation.