Washington DC Petition for Probate

Introduction

Key Things to Know

1. 1

   Probate is opened in the Superior Court of the District of Columbia, Probate Division, with the Register of Wills, on a Petition for Probate (D.C. Code 20-301, 20-304). One petition requests abbreviated probate, standard probate or a small estates proceeding. The court's Petition for Probate form controls over any draft petition.

2. 2

   No one has authority over estate assets until the Court appoints them and letters issue. No person may exercise the powers of a personal representative without appointment (20-302(b)), and a named executor must still be appointed. Do not distribute assets, pay heirs or sell property before appointment or before the creditor period ends.

3. 3

   The will itself must be filed with the Court. A person holding a will who willfully neglects to deliver it to the Probate Court, the Register of Wills or a named executor for 90 days after learning of the death is fined up to $500 (18-111). A will is ineffective to transfer property or name a personal representative until it is admitted to probate or recorded as provided in 20-341(b) (20-302(a)). For any deadline to open probate, ask the Register of Wills.

4. 4

   Priority to serve runs from the personal representative named in an admitted will, then the surviving spouse or domestic partner (and, with no will, the children), then residuary legatees, children of a testate decedent and other relatives, then the largest creditor who applies, then any other person (20-303). The Court may vary the order for good cause. Appointment is not guaranteed. Minors, certain persons with felony convictions and others are excluded.

5. 5

   A nonresident of the District may serve only if they file an irrevocable power of attorney designating the Register of Wills as agent for service of notices and process (20-303(b)(7)). A nonresident need not be a relative.

6. 6

   Formal probate requires prior notice to known interested persons (20-323(a)), while abbreviated probate needs none (20-311(a)). Within 20 days after appointment the personal representative publishes notice of appointment and mails it by registered or certified mail to heirs, legatees and known creditors (20-704). Claims are barred unless presented within 6 months after first publication of the notice (20-903). Bond is required unless the will or a written waiver of all interested persons excuses it (20-502). A complaint contesting the will must be filed within 6 months after published notice of appointment (20-305).

7. 7

   Not every estate needs probate. Assets that pass by beneficiary designation, joint ownership with survivorship or a trust usually pass outside probate, and the District has a small estates proceeding and small asset affidavit. See our small estate affidavit page for that route.

Washington DC Requirements for Petition for Probate

• Probate Division and Register of Wills

  Probate is opened in the Superior Court of the District of Columbia, Probate Division, with the Register of Wills. In abbreviated probate the Court or the Register of Wills may appoint the personal representative (D.C. Code 20-301, 20-311).

• Petition for Probate

  One petition indicates whether the petitioner requests abbreviated probate, small estates or formal probate (20-304(e)). It may also request an order requiring a person who holds a will to deliver it to the Court (20-304(f)(3)). The court's Petition for Probate form for deaths on or after July 1, 1995 controls over any draft.

• No Authority Before Appointment

  No person may exercise the powers or assume the duties of a personal representative unless appointed by the Court (20-302(b)). A will is ineffective to transfer property or nominate a personal representative until admitted to probate or recorded as provided in 20-341(b) (20-302(a)).

• Will Delivery Duty

  A person holding a will who willfully neglects, for 90 days after the death becomes known to them, to deliver it to the Probate Court, the Register of Wills or a named executor is fined up to $500 (18-111).

• Priority and Nonresident Rule

  Priority begins with the personal representative named in an admitted will, then the spouse or domestic partner (and the children if there is no will), and continues through residuary legatees, other relatives, the largest creditor and any other person (20-303). A nonresident must file an irrevocable power of attorney designating the Register of Wills as agent for service.

• Notice of Appointment and Creditor Claims

  Within 20 days after appointment the personal representative publishes notice of appointment and mails it to heirs, legatees and known creditors (20-704). Claims are barred unless presented within 6 months after first publication (20-903).

• Bond Unless Excused

  Each personal representative must execute a bond with court-approved surety unless the will or a written waiver of all interested persons excuses it. An interested person or creditor with more than $1,000 at stake may demand bond (20-502).

• Unsupervised Administration by Default

  Appointment in abbreviated probate constitutes an order for unsupervised administration unless the order specifically provides for supervised administration (20-312(a)). Standard probate is required if an interested person or creditor requests it before abbreviated probate or the petition is materially incomplete (20-322).