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The District of Columbia Code (DC Code, sec. 20-303) defines who has the highest priority to serve as a personal representative of an estate. If you are not the person with the highest priority to serve, seeking appointment will be more difficult. Priority to serve is as follows:

1. The personal representative named in the decedent’s will if there is a will
2. If the person dies without a will, the surviving spouse, domestic partner, or children If the person dies with a will, the surviving spouse or domestic partner
3. The residuary legatee in the decedent’s will
4. The children of a person who died with a will
5. The grandchildren of the decedent
6. The parents of a decedent
7. The brothers and sisters of the decedent
8. The next of kin of the decedent
9. Other relations of the decedent
10. The largest creditor of the decedent who applies for administration
11. Any other person.

If the person who has priority to serve as personal representative does not wish to do so, the person can sign and file a renunciation and, if the person so chooses, consent in writing to the appointment of someone else. However, small estates tend to be processed more quickly and smoothly if the person who has priority to serve does serve.

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