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Washington, DC Probate

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When someone dies in Washington, D.C., and a regular estate must be opened (typically when the estate is valued over $40,000 or includes real estate), the following steps must be taken:

 

⚖️ 1. Determine Jurisdiction & Type of Estate

  • Confirm the decedent was a D.C. resident or owned property in D.C.

  • Decide whether it’s a regular or small estate (over $40,000 = regular).

  • Check for a will. If there’s a will, it will go through probate as a testate estate. If not, the estate will be intestate.​

📑 2. Obtain Death Certificate

  • Get several certified copies from the D.C. Vital Records Division.

  • You’ll need these for court and financial institutions.

🧾 3. Gather Essential Documents

  • The original will (if there is one).

  • Any codicils (amendments to the will).

  • Names and addresses of heirs and beneficiaries.

  • A list of the decedent’s assets (real estate, bank accounts, etc.).

  • Information about known debts and obligations.

🏛️ 4. File Petition for Probate

 File with the Probate Division of the D.C. Superior Court:

  • Petition for Probate) — to appoint a Personal Representative (PR).

  • Notice of Appointment, Notice to Creditors and Notice to Unknown Heirs.

  • Will, Codicils, and Death Certificate.

  • Bond, unless waived by the will or court.

  • Consent to Appointment (Form 4) — from interested parties if required.

  • Initial Order of Court, once approved.

 👤 5. Appointment of Personal Representative

  • Once appointed, the PR receives Letters of Administration (testamentary if there is a will), granting legal authority to administer the estate.

  • PR must post bond, if not waived.

📢 6. Publish Notice to Creditors

  • Publish the Notice of Appointment, Notice to Creditors, and Notice to Unknown Heirs in a newspaper of general circulation in D.C. once a week for three consecutive weeks.

  • Creditors have 6 months from the date of first publication to file claims.

💼 7. Administer the Estate

The PR must:

  • Open an estate bank account.

  • Inventory and appraise assets.

  • Pay valid debts and taxes.

  • File taxes, including final income tax return and estate tax returns (if needed).

Maintain records and receipts.

📝 8. File an Inventory and Accounts

  • File a Verified Inventory within 90 days of appointment.

  • File periodic accountings showing income, expenses, and distributions:

  • First and final account (or interim accounts if the estate remains open).

🏁 9. Distribute the Estate

  • After debts, taxes, and court approval, distribute remaining assets to heirs or beneficiaries.

✅ 10. Close the Estate

  • Submit a final account.

  • Request a Certificate of Completion or Order of Discharge.

  • The court will officially close the estate and release the PR.

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